One consequence of the Covid-19 pandemic lockdown has been commercial tenants owing rent to their landlords. The recent case of London Trocadero (2015) LLP v Picturehouse Cinemas Limited does not … [Read more...]
Article on Sequent Nominees Limited v Hautford Limited
The Supreme Court in a majority 3 to 2 decision recently handed commercial landlords a fillip in the case of Sequent Nominees Limited v Hautford Limited. By the smallest of margins, the Supreme Court … [Read more...]
Firstport Property Services Limited v Various long leaseholders of Citiscape – Safety Measures in Flats
In the aftermath of the shocking events of the Grenfell Tower tragedy, the First -tier Tribunal recently considered an important application on the issue of who was to pay for the costs of various … [Read more...]
Williams & Waistell -v- Network Rail Infrastructure Ltd
In this case, two neighbouring bungalow owners in South Wales sued Network Rail for allowing Japanese knotweed roots to spread on their land. Japanese knotweed is a plant with bamboo-like qualities. … [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...]
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...]
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...]
Greenridge Luton One Ltd –v- Kempton Investments Ltd – a costly answer
This case concerned answers to pre-contract enquiries during the conveyancing process. The claimant contracted to buy an office block from the defendant for £16.25 million. In the Commercial Property … [Read more...]