I read, many years ago, an article in which Larry Ellison, the founder and CEO of Oracle, is profiled. There was a story he told during his interview, which seemed so green in its simplicity. He was thinking about a routine morning in his office as he prepared to meet his assistant. One of the things he needed was a report that indicated the total number of Oracle employees. His assistant offered to go with staff and finance to write the report. Ellison replied that he simply wanted to make the report himself and was shocked to see that he could not access the information because there was no complete database of employees. The necessary data were in unknown numbers of individual databases. His quote, to sum up the situation, was something like (and I paraphrase the memory), “You think you think I`m the founder of the world`s largest database company and I can`t even generate a report on my employees?” It`s absolutely amazing how many CRE executives I`ve talked about over the years, who can`t even draw up a simple list of all the sites. No one can handle what they can`t control. That`s why it`s so important to get organized. However, with the Rental Costs Act, a tenant can challenge expenses, regardless of value. The cost of proving that they are fair should be well above the level of costs themselves. It is impossible to find that a taker simply refused his lease by his administrator with a notification under item 3, which says nothing about the commercial premises and does not prevent the company from continuing to occupy or own the premises.
In addition, the notice relates to the “rights” of the company and does not relate to the performance of its obligations by the company. As article (4) states, notification of a publication does not affect these obligations.” The assignment did not take place within the agreed time frame and K/S attempted to impose a contractual clause under which, in this case, the lease was to be transferred to a company in the designated group (with a much larger balance sheet), the existing guarantor (the parent company) being the guarantor of the ceding company. The parent argued that the term was not applicable under the 1995 Act. The most important issue before the Court of Appeal was whether the parent`s requirement to act as the guarantor of the assignee had been set aside under the s25 (1) of the 1995 Act, which states that “any agreement is not entitled, to the extent that it limits the operation of the law.” If the tenancy agreement is to start on a day other than the expiry date of the rent, it is customary for the tenant to pay an irregular amount for the first month (the regular amount is equal to the number of days remaining prorated until the maturity of the first normal amount) and it is customary to provide in the contract that the fixed tenancy period ends at the end of a rental period. A number of public authorities have considered whether this, and in particular the terms “other amounts” in this section (and section 419A (2) of the Act, apply to compensatory payments or single termination in cases where the administrator has the effect of terminating the lease/contract in question during the relevant period.