News and Articles

The Court will have regard to the previous rent payable when fixing the new market rent on the renewal of a business tenancy.

The Claimants, the Earl of Malmesbury and the Trustees of the Hurn Estate, are the tenant and freehold owners respectively of land adjoining Bournemouth Airport. Mr Ashworth of Strutt & Parker advised the Claimants in relation to new Leases for 24 years they entered into with Bournemouth International Airport Limited for car parking in 2002 and 2003.

A property owner cannot be sued for defamation for unjustifiably reporting another party to the police.

Substantial disputes can arise on rent reviews if the rent of the premises is to be reviewed on an artificial basis.

Guarantors can sometimes enjoy a lucky escape from their liabilities by benefiting from agreements they are not even a party to.

It is essential for an occupier to have been granted exclusive occupation of land for a tenancy to be created.

Landlords may be liable to repay unexpended service charge contributions back to their tenants at the end of their Leases.

Service Charge Certificates may not be binding as they can be challenged by tenants if the Surveyor or Accountant who had provided the Certificate has misinterpreted the lease provisions.

The definition of “house” in s.2(1) of the Leasehold Reform Act 1967 has given rise to considerable difficulties in the 45 years since it was enacted. This year, there have been two further appellate decisions on the definition – Hosebay v Day [2012] 1 WLR 2884 in the Supreme Court (where Lord Carnwath gave the only judgment) and Magnohard Ltd v Cadogan [2012] L. & T.R. 32 in the Court of Appeal (where both Lewison LJ and Lord Neuberger gave judgments). Where do those decisions leave the law?

A property owner was required to pay substantial sums to a Church Council for the repair of the chancel of its parish church.