The Message The Court will have strong regard to the original commercial arrangement between the parties when fixing the terms for a new business tenancy. The Case The High Court has determined whether tenants can renew their Leases at a fixed rent without a variable service charge . The tenants of stalls, shops and offices […]
12th Sep 2012 Recent Property Cases Read moreThe Facts On 30 September 2002, a lease was granted to West End Amusement Parks Ltd (‘the Tenant’) in respect of part of the Trocadero building. The Trocadero building is located in the heart of London and extends to over 600,000 square feet. The building has many tenants and licensees running different kinds of businesses […]
17th Aug 2012 Recent Property Cases Read moreThe Message Witnesses must be careful to tell the truth because of the obligation to give Disclosure. The Case In a claim involving breach of employment obligations, the Court was very critical of the Defendants’ defence and, in particular, as to the honesty of their witness evidence The Claimant, Safetynet Security, provides security guards and […]
15th Aug 2012 Recent Property Cases Read moreThe Message Ensure applications for consent are properly served on landlords. The Case E.ON UK Plc v Gilesports Limited [31 July 2012] considers important issues relating to the obtaining of landlord’s consent to the assignment of a lease. Gilesports, a subsidiary of Sports Direct International plc, had a lease of shop premises. Subsequently, Original Shoe […]
31st Jul 2012 Recent Property Cases Read moreGallarotti v Sebastianelli (3 July 2012) When determining the terms of a common intention constructive trust where 2 friends had bought a property together, the Court can look at the conduct of the parties throughout their relationship and is not bound by the financial contributions each made. Ampurius Nu Homes Holdings LTD v Telford Homes […]
31st Jul 2012 Recent Property Cases Read moreThe Message Project Managers owe substantial duties to protect their client’s interests. The Case The High Court has considered whether a project management company was at fault by proceeding with a building project without ever putting a formal contract in place with the contractors The Claimants are the trustees of Ampleforth College in North Yorkshire. […]
27th Jul 2012 Recent Property Cases Read moreThe Message Parties who jump the gun may well suffer the consequences. The Case The Court of Appeal has again had to deal with a dispute between parties over an agreement relating to considerable expenditure on land which was never properly documented Mrs Haq is the tenant of a convenience store at the bottom of […]
2nd Jul 2012 Recent Property Cases Read moreLee v Courtenay Gate (6 June 2012) A residential tenant of a block of flats unsuccessfully applied under s.84 (12) of the Law of Property Act 1925 to discharge or modify an absolute covenant against sub-letting of his flat. Under the Act, a tenant of a Lease for more than 40 years, of which 25 […]
30th Jun 2012 Recent Property Cases Read moreFreetown Ltd v Assethold Ltd (21 May 2012) The 14 day period for appealing against a Party Wall Award runs from the time the Award is posted and not received and the Appeal was out of time as a result. The Court applied the reasoning in CA Webber (Transport) Ltd v Railtrack Ltd (2004) in […]
8th Jun 2012 Recent Property Cases Read moreThe Message Tenants may be able to free themselves from obsolete Lease restrictions. The Case The Upper Tribunal had determined a rare application to remove a covenant against sub-letting in a residential tenancy. Mr Lee owns a long Lease in Courtenay Gate, a block of 31 flats on the seafront in Hove. In 2009, he […]
6th Jun 2012 Recent Property Cases Read more