Publications: Recent Property Cases

 

Herrmann v Withers

The Message Solicitors’ advice should not be too forthright. The Case A leading law firm has been found negligent for not being cautious enough in advising purchasers as to whether an expensive London house enjoyed rights to a communal garden. In 2008, Mr and Mrs Herrmann instructed Withers to act for them on the purchase […]

30th May 2012 Recent Property Cases Read more

Greene King Plc v Quisine Restaurants Limited & Mr Nazar Nafie Shasha

The Message Chickens are coming home to roost for guarantors of leases. The Case The Court of Appeal has considered whether a guarantor of a lease can escape liability because of a failure by the landlord to give him early notice of rent arrears. In 2003, Greene King underlet basement premises at 114/116 St. Mary’s […]

24th May 2012 Recent Property Cases Read more

Scottish Widows Fund v BGC International

The Message The Court will not readily correct documents drafted by experienced and skilled solicitors. The Case The Court of Appeal has overturned a Judgment which allowed a sub-lease to be re-written to give effect to what the Judge thought the parties really intended In 1996, Scottish Widows underlet premises at One America Square in […]

9th May 2012 Recent Property Cases Read more

Frozen Value Limited v Heron Foods Limited

The Message A landlord must be competent to oppose statutory lease renewals. The Case Frozen Value Limited v Heron Foods Limited [24 April 2012] concerned a landlord’s opposition to a tenant’s application for a new business tenancy under Part II of the Landlord and Tenant Act 1954. The statutory ground of opposition, known as “ground […]

24th Apr 2012 Recent Property Cases Read more

PCE Investors Limited v Cancer Research UK

The Message Silence re break clauses can be golden. The Case In yet another break notice case, the Court has considered whether a landlord owes any duty to assist a tenant to exercise the break correctly In December 2005, office premises on the 4th Floor of Charles House in Lower Regent Street, London, were let […]

4th Apr 2012 Recent Property Cases Read more

Jet2.com Limited v Blackpool Airport Limited

The Message An obligation to use best or reasonable endeavours may have onerous consequences if it is enforceable. The Case The Court of Appeal has considered whether an obligation to use best endeavours can require a party to act against its own commercial interests In 2005, Jet2 entered into a 15 year Agreement with Blackpool […]

2nd Apr 2012 Recent Property Cases Read more

Leisure (Norwich) II Limited v Luminar Lava

The Message Landlords pay for tenant Insolvency. The Case The High Court has ruled that landlords have no priority over other creditors of an insolvent tenant to recover pre-insolvency rent arrears even when an Administrator or Liquidator makes subsequent use of their premises The purpose of Administration is to give insolvent companies a breathing space […]

28th Mar 2012 Recent Property Cases Read more

Oliver v Symons & Faidi v Elliot Corporation

Court of Appeal stresses neighbours need to mediate and not litigate. In 2 recent decisions, the Court of Appeal expressed despair at the inability of neighbours to reach sensible compromises rather than help fund the legal profession In Colin and John Oliver-v- Symons, the parties disputed the width of a right of way along a […]

16th Mar 2012 Recent Property Cases Read more

Souglides v Tweedie

The Message Court rejects technicalities to achieve a just result. The Case Souglides v Tweedie concerned freeholders’ attempts to resist the enforcement of an option for a tenant to be granted a lease extension. Thomas and John Tweedie owned the freehold in a block of flats. A residents’ association had a lease which expired in […]

12th Mar 2012 Recent Property Cases Read more

George Wimpey Manchester Limited (Wimpey) v Valley & Vale Properties Limited (in administration) & Others

The Message The unpaid vendor’s lien may be unavailable if a property is surrendered. The Case George Wimpey Manchester Limited (“Wimpey”) v Valley and Vale Properties Limited (in administration) and others (1 March 2012) concerned a seller’s rights where a buyer has failed to pay the purchase price, in particular, the concept of the “unpaid […]

1st Mar 2012 Recent Property Cases Read more