Recent Property Cases
The Court of Appeal has considered what should be taken into account when quantifying the damages recoverable by a landlord for disrepair on expiry of a Lease Ryman was the tenant of an old building in Butter Market in Ipswich. Its Lease expired without Ryman having a right to renew as it failed to make its application to Court in time for a new Lease under the Landlord and Tenant Act 1954. It put forward offers to the landlord in December 2005 and July 2006 to take a new lease of the whole or just the ground floor of the property but nothing was agreed and it remained in occupation until July 2007 as a tenant at will and then vacated without doing any repairs.
A purchaser sought to rely on a technicality as to the title to the property to avoid having to complete the purchase and to recover his deposit.
Disputes as to the extent of the use of a right of way are commonplace between neighbours due to unclear drafting. The Case: Plans for a residential development on agricultural land depended on whether a right of way to the land could be used for this purpose
A landlord may struggle to successfully object to his tenant's statutory lease renewal based on his intention to occupy where he is likely to sell the premises.