The 3 recent break clause cases of Friends Life v Siemens Hearing (3 April 2014), Friends Life v A&A Express (9 May 2014) and M&S v BNP Paribas (14 May 2014) have all highlighted omissions or practical difficulties caused by the drafting of the break clauses in the Leases. These include: Not providing for re-imbursement […]
27th May 2014 Speakers Corner Read moreThe recent Supreme Court decision in Coventry v Lawrence [2014] UKSC 13 raises interesting points relating to the tort of private nuisance and the remedies available to a successful Claimant, primarily in respect of nuisance arising from noise, but of wider importance on the issue of damages being granted in lieu of injunctive relief. Background […]
16th May 2014 Speakers Corner Read moreIntroduction 1. Property lawyers have not generally needed to take a great deal of notice of Human Rights law. Particularly in the field of commercial property the impact of the Human Rights Act 1998 has been fairly minimal. The reason for this is that the HRA 1998 does not, generally, impose any obligations on private […]
16th May 2014 Speakers Corner Read moreSummary Iceland occupied supermarket premises in Sandbach, Cheshire under a 1954 Act tenancy. They had been in occupation since 1993 and the Lease had originally been entered into in 1970. The premises had been purpose built by Tesco and was rectangular with ground and first floor levels, a servicing area and a car park. The […]
16th May 2014 Speakers Corner Read moreThe new law on criminal trespass has produced a significant body of interest regarding its interplay with squatter’s rights including applications by squatters for registration under Schedule 6 of the Land Registration Act 2002; the focus of this article. Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides that a […]
1st Apr 2014 Speakers Corner Read moreIntroduction 1. In negotiations or proceedings for the renewal of a lease, parties often focus on the level of rent, the length of the new term, break options, rent review provisions and what “reasonable modernisation” entails. The extent of the demised premises and the treatment of fixtures installed during the previous terms(s) are not usually […]
1st Apr 2014 Speakers Corner Read moreWhen a landlord retains a flat in a block which is subject to a collective enfranchisement claim, it can claim a leaseback of it. However, unless the landlord is a local authority or housing association, the landlord must make sure that a leaseback is proposed in its counter-notice otherwise the right will be lost. The […]
28th Mar 2014 Speakers Corner Read moreSummary This paper deals principally with the question when is it correct to grant damages in lieu of an injunction? The question is asked in the context of rights of light matters. The facts On 26th February 2014 the Supreme Court gave judgment in the case of Coventry v Lawrence [2014] UKSC 13; [2014] 2 […]
26th Mar 2014 Speakers Corner Read moreThis article considers in what circumstances costs in service charge disputes in the First-tier Tribunal (Property Chamber)1 (“the Tribunal”) can be recovered. The Tribunal’s powers Rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 introduced a new rule on orders for costs, reimbursement of fees and interest on costs. The rule provides […]
1st Feb 2014 Speakers Corner Read more1. First start with considering extent of liability to repair under the Lease. What are the precise terms of the repairing, decorating, alterations, yielding up, statutory compliance covenants. What was the length of Lease and what is the age and nature of the Premises? Is there any Schedule of Condition or exclusion of inherent defects. […]
16th Aug 2013 Speakers Corner Read more