Council tenants are reminded that a design defect many not amount to disrepair. Newcomers to the law of dilapidations are frequently surprised to learn that, notwithstanding the discomfort experienced by…
Business leases overview, May 2002. In a busy office, many law reform proposals can be safely put aside until such time as they come to fruition.
Lender failing to ensure that wife properly advised. The prospects of a mortgagor raising a so-called O’Brien defence (explained in PP 2001/59) may well have dimmed since the House of…
Reconciling contractual and statutory provisions. Perusing a draft lease? Well there may be another item to add to that ever-expanding check list: the notice service provisions.
Q A company tenant goes into liquidation. What are the landlord’s chances of recovering the full rent falling due thereafter? .
Comparative leasehold systems. Q I need a snapshot of the major differences between Continental leasehold systems and our own. Do I have to go on some overpriced course? .
Only one lessee in the market. When it comes to disregards, there is a striking difference between: (a) the fixing of a rent at rent review; and (b) its determination…
Streamlining hearings before arbitrator. Writing in Estates Gazette, leading landlord and tenant silk, Jonathan Gaunt QC, of Falcon Chambers, makes a strong case for a procedure whereby, prior to a…
V and P make a deal that involves the sale or lease of V’s land to P. The formalities required by section 2 of the Law of Property (Miscellaneous Provisions)…
Old mineral-working permission – Determination of conditions. If you are not wholly familiar with Schedule 13 to the Environment Act 1995, entitled “Review of Old Mineral Planning Permissions”, then the…
Solicitor failing to attend to matters of title – Failure and other factors disabling claimant from selling – Value of property rising in meantime – Causation .
Extent to which servient owner free to develop. Where a large landowner reserves sporting rights over a fringe area that has been conveyed away, the conveyance should ideally spell out…