All articles by Warren Gordon
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OnlineTenants: beware of assigning to your guarantor
The High Court in EMI Group Limited v O H Q1 Limited [16 March 2016] has decided that a tenant cannot assign a “new tenancy” (under the Landlord and Tenant (Covenants) Act 1995) to its guarantor.
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ProfessionalCourt confirms landlord’s property interest is a key consideration
A recent High Court decision (Lazari Investments v SSRL Realisations [in administration] and others) provides a useful illustration of the factors a court takes into account in deciding whether to grant permission for a landlord to forfeit a lease where the tenant is in administration.
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ProfessionalForged charge removals and indemnity from the Land Registry.
The removal of a forged charge from a registered title may entitle the lender to an indemnity from the Land Registry.
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ProfessionalLandlord repairing obligations under an extended covenant
Edwards v Kumarasamy [28 January 2015] concerned a landlord’s responsibility for injuries to his tenant under an extended covenant implied by statute.
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ProfessionalRight to buy notices need to comply with law
Natt v Osman [26 November 2014] highlights the importance of ensuring that notices claiming the right to buy the freehold of residential property pursuant to statutory collective enfranchisement comply with the legislative requirements.
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Professional
Important decision for tenancy breaches
Charalambous v Ng [16 December 2014] is a particularly important decision for landlords and tenants where a deposit is held for tenant breaches of assured shorthold tenancies (including statutory periodic ones) of residential property.
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ProfessionalLegal requirements of right to buy notices
Natt v Osman highlights the importance of ensuring that notices claiming the right to buy the freehold of residential property pursuant to statutory collective enfranchisement comply with the legislative requirements.
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InsightCourt of Appeal applies ‘sensible’ approach to tenant consultation
The Court of Appeal decision in Francis v Phillips [28 October 2014] has a significant impact on residential landlords and tenants.
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InsightWhy empty premises could leave you with hefty costs
The requirement to pay rates for unoccupied commercial property remains a significant problem for the property industry.
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OnlineCo-op's proceedings were not improper
The message: Borrower fails to prove lender’s possession proceedings were for improper purposes.
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OnlineWhy VAT is a contractual issue for sellers
The message: A sale contract must clearly state if VAT is payable on the price.
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ProfessionalIf there are no occupiers, the owner of a property will be liable for rates
The message: A landlord was liable for rates following tenant disclaimer.
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ProfessionalService charge decided by third party is declared void by tribunal
The message: Provisions in residential leases enabling landlords to determine each tenant’s service charge proportion may be void.
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ProfessionalA stink over sewage blockage highlights need for due diligence
The message: Developer escapes liability for failing to undertake obscure search.
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ProfessionalA tenant’s break invalidates a fixed term for provisional expenditure
The message: Pay close attention to lease requirements when calculating service charge and crediting provisional sums
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ProfessionalLegal case news: Counting the cost of a poor valuation
The message: Failure to highlight a property price discrepancy may cost solicitors dearly.
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ProfessionalBreakdown of landlord-tenant relationship precludes lease renewal
The message: Being excessively litigious could prevent a tenant being granted a statutory renewal lease.
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ProfessionalTo bring about a fair outcome let negotiations run their course
The message: Keep negotiating to avoid statutory rights arising; The case: Erimus Housing vs Barclays Wealth (18.03.14) concerned the commonly encountered question of the status of a tenant that remained in occupation paying the rent after the end of the fixed term of a lease contracted out of Part II ...
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ProfessionalA winding path to reinstating a right of way
The Message: It is difficult for a right of way to be abandoned
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ProfessionalLandowner’s power play wins him £5m payout
The message: Generous compensation can be available if statutory wayleave blights land.
