Landlord requiring guarantor to take new lease on disclaimer. A guarantor of a lease will normally covenant to take a new lease for the balance of the term in the…
Worries for tenant when landlord goes bust. “The insolvent tenant enjoys more column inches in the legal press and law reports than the insolvent landlord…”.
Terminal dilapidations – protocol to ease the pain. As explained in PP 2002/47, and the article to which it referred, there are numerous cases where a tenant can, by relying…
A problem of vertical separation. Q A lessee applies under the Leasehold Reform Act 1967 to buy the freehold of what he describes as a “town house”.
One house or two?. Unless concerned with a problem of the kind considered in PP 2003/5 (overhangs and undercuttings), a practitioner will have to refer to Malekshad v Howard de…
Assignment of beneficial interest underimplied trust. Q If a company has contributed towards the construction of a building and now wants to transfer the benefit of its equitable interest in…
Covenant against competition: direct enforcement against neighbouring retailer. Q Adam’s leasehold camera shop is suffering loss of trade because Ben is offering photographic equipment from his pharmacy in the same…
Rent-free period: Assessing and adjusting the headline rent. The provision in a lease for a rent-free period, whether for fitting-out or otherwise, can be a fertile source of disagreement at…
Deemed delivery under section 196 of Law of Property Act 1925. Slippery Sam is expecting postal delivery of a notice that will do him no good at all if it…