Recent Property Cases
The Message: Failure to make timely payment of a deposit normally allows the seller to end the contract.
The Message: Oral contracts in relation to land are not worth the paper they are written on! The Case: The Court of Appeal has made clear that sometimes payments made under void contracts for the purchase of land are not recoverable.
The Message: Tenant Break Clauses continue not to run smoothly. The Case: The Court has, yet again, had to consider whether a tenant has successfully exercised a conditional break clause In 2001, Aspray took a Lease of commercial premises in Castleford, West Yorkshire for a term of 15 years but with a right to break the Lease on 18 December 2010. The Lease provided that, in order to successfully terminate at that date, Aspray had to give not less than 9 months notice and there had to be no arrears or any material breaches of covenant at the break date.
The Message: The Court will adopt a sensible approach to awarding damages. The Case: The High Court has had to decide how damages for trespass should be calculated in relation to a lucrative advertising hoarding erected over an adjoining owner's airspace.