News and Articles

The Property Litigation Association (PLA) is a members' association for professionals specialising in all aspects of commercial, residential and agricultural property litigation. We are lawyers who come from a variety of firms in terms of size and location. The PLA consists of approximately 1200 members who spend a substantial amount of their time engaged in property related dispute resolution.

We’ve heard about some of the problems arising with the interpretation of the Landlord and Tenant (Covenants) Act 1995 (“LTCA 95”). I want to look at a solution to the problems and propose an achievable means of effective reform.

The Law Commission for England and Wales

A presentation

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row.

We recently acted for B&Q in the case of Britel Fund Trustees Limited v B & Q Plc which illustrates the significant impact that an early break clause may have on the rent payable under a renewal lease.

It appears that unopposed lease renewal cases under the Landlord and Tenant Act 1954 are like buses; there is a dearth and then 3 come along in a row.

In this case, the Claimant tenant sought an injunction and damages against the Defendant landlord in relation to building works being carried out above the tenant at 14/15 Carlos Place, Mayfair, London W1.

Aldi and Iceland have adjoining stores on the outskirts of Cambridge, being Units 1 and 2 respectively. They share the accessway and car park. Aldi originally took a Lease of all the land in 1996 and it then sub-let Unit 2 to Iceland a few months later and retained Unit 1 for its own use.

Proposed Amendments to the Landlord and Tenant {Covenants) Act 1995 Briefing Note to the Secretary of State for Communities and Local Government