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Miscellaneous
Energy performance building directive
Article: Landlords feel the heat of global warming A number of articles on the likely impact of the EU Energy Performance Building Directive. (Estates Gazette, 26 March 2005, pp 210-215).
Freedom of Information Act
Article: The effect on leases of the Freedom of Information Act 2000 by Peta Dollar (Landlord and Tenant Review, vol 9, issue 3, p59).
Improvements and alterations
Article: Piece together the alternatives on alterations by Andrew Wade and Sarah Hind, Lawrence Graham How to draft alterations clauses. (Estates Gazette, 28 September 2002, p146).
Insurance
Articles:
- "From cover to cover" by Adam Levitt and Hammad Akhtar - Looks at the principal changes to the Pool Re scheme in the wake of 9/11. (Estates Gazette, 12 April 2003, p134).
- Defective insurance? by Kirsty Corkum Discusses problems that can arise when taking out defects insurance (Estates Gazette, 13 April 2002, p130).
- A rare commodity by Fenn, Colby and Canvin A list of factors for landlords and tenants to consider when drafting insurance clauses. (Estates Gazette 28 August 2004, p66).
Keep open clauses
Article: "Caledonian gap widens" by Craig Connal QC - Discussion of the subject in light of a Scottish case, Oak Mall Greenock Ltd v McDonalds Restaurants Ltd [2003] GWD 17-540. In Scotland, the court is likely to grant an order for specific performance to enforce the covenant (Estates Gazette, 12 July 2003).
Rent free periods
Article: Seeing the truth beyond the horizon A detailed and practical explanation of rent-free periods. (Estates Gazette, 30 November 2002, p129)
Restraint of trade
A covenant in favour of doctor landlords in respect of a pharmacy attached to surgery, which required the tenant at the end of the term to use his best endeavours to procure the transfer of the health authority licence to particular persons, was in restraint of trade. However, on the facts the covenant was reasonable both in the public interest and in the interest of the parties.
Young v Evan-Jones [2001] EWCA 732; [2002] 1 P&CR 14.
Tenant default and insolvency
Articles:- "Watch out for defaulting tenants" by Imogen Moss, Allen & Overy - A discussion of the various forms of security that may be adopted to deal with tenant default. (Estates Gazette, 3 August 2002, p91).
- "Rent recovery" by Alison Mould, Fladgate Fielder - Discussion of the effect of the Enterprise Act 2002 in cases of tenant insolvency. Explains how it will limit the landlord's options where the tenant is in administration. (Estates Gazette, 9 August 2003, p61).
Turnover rents
Article: Turn over the issues by Mark Heighton A consideration of turnover rents and the difficulties that can arise. (Estates Gazette, 2 March 2002, p214).
Unlawful eviction
A businessman was awarded damages for unlawful eviction based upon loss of profit from sublettings but was refused a sum in respect of the capital value of the lease, as this would have amounted to double recovery. He was also awarded interest at a rate that reflected the cost to him, as a small businessman of being kept out of his money, rather than the lower conventional sums awarded in commercial cases. He received 3% over base prevailing from time to time.
Jaura v Ahmed [2002] EWCA Civ 210.
Yielding up
T operated a break clause in the lease and went out of occupation. However, T retained security guards and protective barriers at the premises for security purposes. L argued that T had failed to yield up the premises and so argued that the break clause had not been effectively terminated. The argument was rejected. Looking at the matter objectively T had done all that was necessary to make it clear that it was terminating the tenancy. Relvok Properties Ltd v Dixon (1972) 224 EG 1401 applied.
John Laing Construction Ltd v Amber Pass Ltd [2004] 17 EG 128 (Deputy High Court Judge).
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