15 results
Fraudulent (deceit) and negligent misstatements concerning property
It is oftentimes the case that deceit or negligent misstatement can be made to parties in relation to property. These can cause very serious financial losss. A contract is voidable (rescinded at the option of the Claimant) where a party to the contract entered into it in reliance on a more...
13 Oct 2020 16:26
Property possession proceedings resume – What next?Property possession proceedings resume – What next? The stay of proceedings in possession cases, which has been in operation since 26 March 2020, has now come to an end as of 21 September 2020. Although proceedings are now underway once again, the courts are having to deal with a substantial backlog more...
24 Sep 2019 09:36
A high wire act in the high street!Readers will not need to be reminded that these are challenging times for retailers and their landlords. Earlier this year Jamie’s Italian went into administration and Debenhams entered a CVA. In March 2019 Paperchase announced a CVA which involved the landlord accepting a cut in rent (Times 23rd more...
1 Apr 2019 15:45
A high wire act in the high street!Readers will not need to be reminded that these are challenging times for retailers and their landlords. In the last week, Paperchase has announced a CVA which will involve the landlord accepting a cut in rent (Times 23rd March 2019). They are said to have struck a deal whereby they negotiated more...
13 Mar 2019 10:06
And now for something completely different: Canary Wharf (BP4) T1 Ltd and others v European Medicines Agency [2019] EWHC 335 (Ch)A property blog should provide comforting reading material to which the keen property lawyer may resort by way of distraction from what is going on in the outside world: a refuge from the overload of information which in these days of rolling 24-hour news and screen-addiction would otherwise prove more...
23 Jan 2019 09:15
Supreme Court confirms commercial tenant’s statutory right to a renewal leaseThe Supreme Court has confirmed, in the case of S Franses Ltd v Cavendish Hotel (London) Ltd [footnote 1], that a landlord cannot oppose a tenant’s right to renew its tenancy on the grounds of redevelopment or reconstruction if there would be no intention to carry out the proposed works should the more...
Can't see the wood for the trees?
As part of my property work, I have recently needed to research the law relating to trees. A small registered company owned by residents of a “country house development” of about 15 properties has extensive grounds which are laid out to parkland. The directors were concerned as to the company's more...
20 Dec 2018 10:35
Sparqa Legal’s Top Four Christmas MoviesSparqa Legal can help your business deal with legal problems before they even arise, and allows you to respond effectively when problems do occur. Getting in the Christmas spirit, we have demonstrated below how we would help some of the characters from our favourite Christmas movies. 1. Elf A more...
10 Dec 2018 09:31
Commercial lease renewal: the death of contrived developmentsAlexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have more...
9 Oct 2018 09:06
Restrictions on the use of land under Inclosure Awards: how can they be modified or avoided?Answer: with some difficulty. Introduction This article aims to explain: Briefly, the background to Inclosure Awards; How such awards they might give rise to restrictions on the use of land; and How those restrictions might be modified or discharged/avoided, if a different use is desired for the more...
Service please? A cautionary tale of s146 Notices and the right to forfeit.
Service please? A cautionary tale of s146 Notices and the right to forfeit. Toms v Ruberry (2017) EWHC 2970 (QB) Simon Lane has successfully represented the Respondent tenant on appeal in the High Court in a long running possession claim arising from forfeiture of the lease of a pub in Cornwall. The more...
7 Feb 2018 14:38
S Franses Ltd v The Cavendish Hotel (London) LtdGuy Fetherstonhaugh QC and Nicholas Taggart of Landmark Chambers are instructed to represent the Cavendish Hotel in S Franses Ltd v The Cavendish Hotel (London) Ltd in forthcoming appeals in both the Court of Appeal and the Supreme Court. Among the issues raised by the proceedings are (1) what more...
"New for Old": New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons
Summary In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954. The cases show that: New ancillary rights may be added where they 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...
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