- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 02 Mar 2017
Oral variation to written contract
The case of MWB Business Exchange Centres v Rock Advertising illustrates the point.
The tenant, who was about £12,000 in arrears of licence fees and other charges, was locked out of its serviced offices by the landlord. The latter’s claim to payment of the arrears was upheld by a judge and the tenant’s counterclaim that it had been entitled to remain in occupation of the premises was rejected.
In upholding the tenant’s challenge to that decision, however, the Court found that an oral agreement by which the landlord accepted that payment of the arrears could be rescheduled and that the tenant could remain in occupation in the interim was binding on both parties.
The tenant successfully argued that there was nothing in the licence agreement which precluded its oral variation at a later date. Its agreement to pay £3,500 of the debt straight away, and to make arrangements for payment of the arrears in full over time, was sufficient consideration to make the oral variation enforceable.
 Find out more
 Related articles on Designing Buildings Wiki
Featured articles and news
The built environment can unlock opportunities for skills.
Additionality is a concept applied to activities and projects.
Some HPL cladding is very unlikely to adequately resist the spread of fire.
What a chartered architectural technologist does.
Building design and construction fees.
The world heritage list has evolved to embrace built, cultural and natural heritage.
The Ocean Cleanup project
The various types of bond and when they are used.
It's vital the industry responds to proposals for reform of the safety regulatory system.
RSHP's Merano wins RIBA accolade.
How to differentiate between partial possession and early use.
Ofwat proposes £12 billion additional investment and £50 bill reductions.