Warren Gordon
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.
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.
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.
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.
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.
- 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.
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.
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.
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.
OnlineCo-op's proceedings were not improper
The message: Borrower fails to prove lender’s possession proceedings were for improper purposes.
OnlineWhy VAT is a contractual issue for sellers
The message: A sale contract must clearly state if VAT is payable on the price.
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.
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.
ProfessionalA stink over sewage blockage highlights need for due diligence
The message: Developer escapes liability for failing to undertake obscure search.
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
ProfessionalLegal case news: Counting the cost of a poor valuation
The message: Failure to highlight a property price discrepancy may cost solicitors dearly.
ProfessionalBreakdown of landlord-tenant relationship precludes lease renewal
The message: Being excessively litigious could prevent a tenant being granted a statutory renewal lease.
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 ...
ProfessionalA winding path to reinstating a right of way
The Message: It is difficult for a right of way to be abandoned
ProfessionalLandowner’s power play wins him £5m payout
The message: Generous compensation can be available if statutory wayleave blights land.
