Richard Cressall comments in Evening Standard on Gordons’ fragrance retailer case

Thursday 9th May 2019

Richard Cressall, partner at Gordons and an expert in property disputes, has been quoted in the Evening Standard, Yahoo, Fashion Network and on a High Court case in which he is advising the UK’s largest independent fragrance retailer, The Fragrance Shop.

The Evening Standard reports that The Fragrance Shop is taking its landlord McArthurGlen to court after accusing it of trying to evict it from six stores in favour of a rival business.

Retailers would normally be entitled to stay under a law called the Landlord and Tenant Act 1954.

McArthurGlen claims that these rights do not apply because the retailer has ‘contracted out’ or opted out of that law, but The Fragrance Shop argues that the technical legal process for giving up such important rights has not been followed properly.

Commenting on the case, Richard said: “This question of whether a retailer can be evicted is very important and affects many retailers, in what is already a very challenging environment. This law may be 65 years old but it is designed to prevent landlords like McArthurGlen essentially handing goodwill and trade to competitors.”

The case is due to be heard on May 13. Its results may have implications for other retailers currently in property disputes with landlords.

Find out more about Gordons’ property disputes services.