News and Articles

The Secretary of State was entitled to consent to the sale of fish and meat at Covent Garden Market provided that did not constitute a fish and meat market.

Oral contracts for the sale of land are normally of no effect but they can be enforceable in certain circumstances.

The High Court has determined what further terms should be contained in a Licence Agreement for use of some additional land during the holding of the British Motor Cycle Grand Prix each year (Donington Park Leisure Limited v Wheatcroft & Son Limited (7 April 2006)).

Tenants were successful in having an order for forfeiture of their lease set aside despite having failed to attend the hearing at which the order was made.

Notices are very important in the day-to-day life of a property lawyer. A client’s legal rights will frequently be exercisable by the service of a notice.

My current legal “pet hate” relates to residential service charges and the failure of the law to cater for a very common situation, namely a tenant-owned block of flats. I admit this is personal because I have first hand experience of the headache that comes with being company secretary but even professionally I have encountered many situations where the law just does not sit well with the way it is in “the real world”.

In the absence of any special provision, a tenant has no right to pursue its current landlord for damages for any breaches by a previous landlord.

When is a landlord entitled to repair or replace an item and able to recover the cost via a service charge?

Cadogan Leisure Investments Limited (“Cadogan”) brought forfeiture proceedings against lessee Danovo Limited (“Danovo”), the company operating the Saatchi Gallery at County Hall. That action came to trial in October 2005 before Sir Donald Rattee, sitting as a High Court Judge. The outcome of the trial is well-known; the Judge found that Danovo was in breach, but he declined to grant relief. This article looks at the issues in the forfeiture proceedings, and the factors taken into account by the Judge in refusing to grant Danovo relief.

Both landlords and tenants can get entrenched in their relative positions in dilapidations cases, especially where one party wields more power or control i.e. where break clauses are involved.