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. The Claimant is the tenant of the ground and basement floors under a lease which runs for 20 years from 2007. The […]
12th May 2016
Recent Property Cases
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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. […]
6th May 2016
Recent Property Cases
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This case concerns a claim for dilapidations in relation to premises known as Capella House, Snowdon Drive, Milton Keynes which was let for a term of 15 years expiring on 16 June 2011. Even though the lease expired over 4 years ago, the disrepair and failure to re-instate that existed at lease expiry has not […]
3rd Jul 2015
Recent Property Cases
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Scott v Aimiuwu (18/2/2015) is the first known Court Decision on a rights of light claim since the Judgment of the Supreme Court in Coventry v Lawrence (2014) – in which the basis upon which injunctive relief should be granted, and damages awarded, was reviewed and revised. It is a Decision that will give some […]
9th May 2015
Recent Property Cases
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Most developers will be eager to hear (probably more than the election results!) that the first Court Case on Rights of Light has determined following both Coventry v Lawrence and the Law Commission which presented themselves last year. However, it is unfortunately not too significant. The Facts This is a first instance County Court Judgement […]
9th May 2015
Recent Property Cases
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The Message: Parking fines are valid if commercially justifiable and fair. The Case: A motorist has unsuccessfully challenged a charge of £85 for parking beyond the permitted period (Parkingeye Limited v Barry Beavis (23 April 2015)). Parkingeye manage the car park at the Riverside Retail Park in Chelmsford. Shoppers are allowed to park free for […]
23rd Apr 2015
Recent Property Cases
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The Message County Councils are under a duty to make clear if land could be part of the public highway. The Case A purchaser of development land successfully sued the County Council for substantial damages due to its failure as the highway authority to accurately record that certain land it intended to sell for car […]
22nd Feb 2015
Recent Property Cases
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Ramsay Gets His Just Dessersts In 2008 Gordon Ramsay’s Company, Gordon Ramsay Holdings International Limited, took a lease of the York & Albany Pub and Restaurant in Parkway in Camden Town for a term of 25 years at an initial rent of £640,000 per annum. The obligations of the Company were personally guaranteed by Gordon […]
20th Jan 2015
Recent Property Cases
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Iceland Foods Limited v Castlebrook Holdings Limited (12/12/2013) A case decided in late 2013 but not reported until 2014. It is a rare reported Judgment on an unopposed lease renewal and highlights the importance of having the correct expert evidence re comparables when it comes to fixing the rent. It is also of interest in […]
31st Dec 2014
Recent Property Cases
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The Message Failure to comply with statutory tenancy deposit requirements will prevent repossession of residential premises. The Case Charalambous v Ng [16 December 2014] is a particularly important decision for landlords and tenants where a deposit is held for tenant breaches of assured shorthold tenancies (including statutory periodic ones) of residential property. Charalambous took a […]
16th Dec 2014
Recent Property Cases
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