146 results
WHOSE AGENT ARE YOU ANYWAY?
WHOSE AGENT ARE YOU ANYWAY? Tricia Hemans and Roisin McGlinn consider common arguments raised by borrowers against LPA Receivers When a borrower enters into default lenders will make every attempt to resolve matters without recourse to court proceedings. However, there will sometimes come a point more...
A VERY BOLD FRAUDSTER
In this article, Stephanie Tozer and Gavin Bennison recount a recent appeal to the Upper Tribunal, and examine what might have happened if a lender had been involved… The Facts A man named Mohammed Rashid (“Mohammed”) bought a property in Birmingham in 1982. In 1989, whilst he was abroad in Pakistan more...
THE ART OF THE POSSIBLE: CHANGING LEASE TERMS ON RENEWAL
Introduction 1. Absent agreement, when can a landlord or a tenant under a commercial lease secure a variation of their existing lease terms on a renewal under the Landlord and Tenant Act 1954? We take a look at some familiar, and a couple of not-so-familiar, issues that might be encountered in more...
Dilapidations -
Topics of the moment
Introduction 1. Leases that impose repairing liability upon tenants create obvious conflicts of interest between landlords, who expect their premises to be returned to them in a fully lettable state, and tenants, who do not expect to have to fund the cost of updated premises which they were never more...
Landlord’s development of retained parts
1. It is well recognised that occupying property under a leasehold interest carries inherent risks arising from the fact that other competing, and in some cases superior, interests might interfere with or jeopardise the enjoyment of the premises under such leasehold occupation. Where the leasehold more...
Powers of Leasing and the effect of a surrender
POWERS OF LEASING AND THE EFFECT OF A SURRENDER Gary Cowen, Falcon Chambers 1. In this presentation, I shall consider the powers of leasing and of accepting a surrender where the land is the subject of a mortgage. In particular, I shall consider this in the context of the powers of the mortgagor and more...
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