Publications: Recent Property Cases

 

St Martins Property Investments Limited v Cable & Wireless UK PLC



The Message Substantial disputes can arise on rent reviews if the rent of the premises is to be reviewed on an artificial basis. The Case The High Court has found in favour of the Landlord in determining that a computer centre is to be valued as a completely different building used as high class offices. […]

4th Apr 2007 Recent Property Cases Read more

Prudential Assurance Company Limited v Ayres & Grew

The Message Guarantors can sometimes enjoy a lucky escape from their liabilities by benefiting from agreements they are not even a party to. The Case The High Court has held that the Guarantors of a Lease have no liability for substantial rent arrears as a result of the wording used in a separate agreement between […]

3rd Apr 2007 Recent Property Cases Read more

Barrington v Sloane Properties

The Message 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 Case The Lands Tribunal has upheld an Appeal by a tenant against a finding of the Leasehold Valuation Tribunal that she was bound […]

26th Feb 2007 Recent Property Cases Read more

P S Tan & K Y Tan v J Sitkowski

The Message A tenant of premises that were originally used for mixed business and residential purposes failed in his claim for rights as a protected residential tenant. The Case The question to be decided in this case was whether a tenant enjoyed protection under the Rent Act when he had previously used part of his […]

1st Feb 2007 Recent Property Cases Read more

Shepherd Homes Limited v Encia Remediation Limited & Green Piling Limited

The Message 
It is essential to read and understand the fine print before entering into any contract. 

The Case The High Court has held that a sub-contractor can rely on its standard terms and conditions so as to substantially limit its liability for damages in relation to any defective work for which it is held […]

26th Jan 2007 Recent Property Cases Read more

Rowallan Group Limited v Edgehill Portfolio No 1 Limited

The Message Mistakes in documentation need to be avoided as they cannot easily be corrected once the deal is done. The Case A property purchaser has secured a price reduction as a result of a mistake in the drafting of the contract. The Claimant was the leasehold owner of a successful retail and leisure centre […]

9th Jan 2007 Recent Property Cases Read more

Broadway Investments Hackney Limited v L Grant

The Message A tenant of mixed business and residential premises failed to show that he benefited from statutory rights as a residential tenant to resist eviction. 

The Case In 1995 the Council of the London Borough of Hackney granted Mr Grant a ten year lease of premises in Hackney. The premises consisted of a basement, […]

20th Dec 2006 Recent Property Cases Read more