In this case, Mr and Mrs Welford claimed a right of way for vehicles over a yard owned by Mr and Mrs Graham. The Claimants based their claim for an easement over the land on the obscure legal … [Read more...]
Landlord and Tenant Act 1954 – End of Contractual Term of Lease for Commercial Tenants
Unless previously agreed commercial tenants usually benefit from the protection provided under Part II of the Landlord and Tenant Act 1954. If the commercial tenant is protected under this Act then … [Read more...]
Owens v Owens
This recent Court of Appeal case was widely reported in the press. Mr and Mrs Owens were married in 1978 and had two children together before separating in 2015. The wife filed for divorce citing the … [Read more...]
Kingsgate Development Projects Ltd v Jordan
In this case, the High Court considered whether gates could amount to a substantial interference with a right of way and the difference between gates operated by a key or fob and those opened by … [Read more...]
Winterburn v Bennett – Keep Out/No Parking signs, do they work?
Such signs dot the landscape but are they effective legally? In legal terms, the question is do such signs stop a third party gaining rights through prescription over an owners’ land through long … [Read more...]
Timothy Taylor Ltd v Mayfair House Corporation
Here the tenant operated a high class modern art gallery from ground and basement premises opposite the Connaught Hotel in Mayfair. The Defendant was the freeholder and head lessee through an … [Read more...]
Eviction of Tenants of Residential Property following Abandonment
The tenancy of a residential property will continue beyond its contractual period if the residential tenant is a natural person and for as long as the tenant (or one of them) remains in occupation as … [Read more...]
Changes to the bankruptcy process and insolvency legislation
Online bankruptcy applications by debtors From 6th April 2016 changes to the Insolvency Act 1986 brought in by section 71 and Schedule 18 of the Enterprise and Regulatory Reform Act 2013 mean that … [Read more...]
Vanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited: beware the break clause
In this case, the Claimant was a Limited Partnership made up of five partners. The Claimant claimed that they had been granted an overriding lease of office premises held by the Defendant company. … [Read more...]
Marks & Spencer Plc v BNP Paribas Securities – arguing over refunds
This case looks likely to become the leading authority on implied terms, break clauses and the apportionment of rent paid in advance. Shoppers often seek refunds from Marks & Spencer. In this … [Read more...]
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