Paper, Order, or Assignment Requirements

Harvestica Ltd owns the freehold of land that has been developed as an out-
of-town shopping mall with ancillary facilities, including car parking and a
small cinema. It granted to Tyneport Investments Ltd a 15 year lease of the
whole site.
Tyneport Investments Ltd entered into a contract that allowed English Parklots
plc the exclusive right to run the car parks at the site for 5 years in return for
an annual fee. English Parklots plc was entitled to control the car parks, install
barriers and facilities, charge customers, and take the profits, but the contract
specified the mandatory opening times, a formula for fixing the maximum
parking charges, regulation of advertising space, prohibitions on changing the
layout, and that the car park could be used only for the purpose of car
parking.
In addition to its rent, Tyneport Investments Ltd has to pay Harvestica Ltd an
annual figure based on the cinemas turnover. Harvestica Ltd believe that the
cinema is not producing a good return, so it is planning to convert it into a
small concert venue. The increased traffic, however, might well lead the local
planning authority to object unless new road infrastructure were created.
Following pressure to contribute to the local community, Tyneport Investments
Ltd took a 10 year lease of an adjacent field which was also owned by
Harvestica Ltd. It used the field for the purpose of giving free instruction in
sports to children during the school holidays. For the remainder of the year it
is open to the public and there is a sign asking users to make a 50p donation
into the honesty box.
Tyneport Investments Ltd is now approaching the end of its leases of the
whole shopping mall site and of the adjacent field, and it wishes to seek
renewal under Part II of the Landlord and Tenant Act 1954. Harvestica Ltd,
however, wants to exclude the car park from any new lease to Tyneport
Investments Ltd, it wants to take possession itself of the old cinema in order to
convert it into a concert venue, and it is unwilling to renew the lease of the
adjacent field because it has become a popular place for youths to drink
alcohol.
Advise Harvestica Ltd of the prospects of succeeding in its aims.