Publications: Recent Property Cases

 

Sirhowy Investments Ltd v Henderson & Knight

The Message Tenants should avoid conditional break clauses if they can. The Case Once again, the onerous nature of break clause conditions has cost a tenant dearly (Sirhowy Investments Limited v Henderson and Knight (30 October 2014)). In 2004, Mr Henderson and Miss Knight, the tenants, rented land in Pontilanfraith in Wales from Sirhowy for […]

30th Oct 2014 Recent Property Cases Read more

Francis v Phillips

Bullet Points The legislation limits residential service charge recovery unless there is the requisite consultation before qualifying works. The High Court’s approach to qualifying works would have led to excessive consultations. The Court of Appeal’s more sensible approach applied the limit and need for consultation to individual sets of works. The Message Landlords breathe a […]

28th Oct 2014 Recent Property Cases Read more

Fred Perry (Holdings) Limited v Genis

The Message An Englishwoman’s home is not her castle. The Case The High Court has decided whether the interests of a husband’s creditor in the matrimonial home take preference over those of his wife and children The Claimant, Fred Perry (Holdings), had obtained Judgment against Mr Genis for damages as a result of him selling […]

1st Aug 2014 Recent Property Cases Read more

CLP Holding Company Limited v Singh & Kaur

The Message A sale contract must clearly state if VAT is payable on the price. The Case CLP Holding Company Limited v Singh and Kaur [31 July 2014] concerned an attempt by a seller of property to recover VAT on the sale price and highlights the need for the contract and transfer to be clear […]

31st Jul 2014 Recent Property Cases Read more

Cohen v Teseo Properties Limited

The Message Developers can suffer from badly drafted agreements. The Case The Court has held that a landowner was entitled to terminate a sale contract and keep all the benefits. On 8 August 2013, the Claimant landowner entered into an agreement with the Defendant developer for the sale of a property in Finchley North London […]

18th Jul 2014 Recent Property Cases Read more

Youseffi v Mussellwhite

The Message Bad behaviour by business tenants can lead to loss of their right to renew their Leases. The Case The Court of Appeal has upheld a Judge’s decision that it would be unfair to the landlord to grant the tenant a new tenancy in light of the tenant’s substantial breaches of the Lease. Ms […]

2nd Jul 2014 Recent Property Cases Read more

Sainsbury’s Supermarkets Ltd v Condek Holdings Ltd & Others

The Message Be careful who you deal with. The Case The High Court makes clear that owners and Directors of companies can usually safely hide behind the corporate veil Mr Pashorous is the inventor and designer of the Condek modular car park system. Its modular design enables it to be mainly prefabricated and then speedily […]

24th Jun 2014 Recent Property Cases Read more

Stagecoach South Western Trains Limited v Hind

The Message A landowner is not an insurer of nature. The Case A railway company has sought to hold a landowner liable for damage caused by her tree falling on a railway line. The Judgment On the night of 17 December 2009, one of the Claimant’s trains hit a very large stem from an Ash […]

11th Jun 2014 Recent Property Cases Read more

Windermere Marina Village Ltd v Wild

The Message Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void. The Case Windermere Marina Village Ltd v Wild [28 April 2014] concerned a lease of a flat in a development. The relevant service charge provision required the tenant to pay a fair proportion of the landlord’s expenses […]

28th May 2014 Recent Property Cases Read more

Drafting of Break Clauses

Friends Life v Siemens Hearing (3 April 2014) Friends Life v A&A Express (9 May 2014) M&S v BNP Paribas (14 May 2014) How practical and careful do real estate transaction solicitors have to be? The 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express […]

25th May 2014 Recent Property Cases Read more