The editors of this section are members of Tanfield Chambers namely: Katie Gray (katiegray@tanfieldchambers.co.uk) Richard Alford (richardalford@tanfieldchambers.co.uk) Edward Blakeney (edwardblakeney@tanfieldchambers.co.uk) Kensquare Limited v Boakye, [2021] EWCA...
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Landlord and Tenant (General)
This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
Demise
I found an interesting case in R (on the application of HCP (Hendon) Ltd) v Chief Land Registrar (sued as HM Land Registry) [2020] EWHC 1278 (Admin A Transcript of the decision can be downloaded from: http://www.bailii.org/ew/cases/EWHC/Admin/2020/1278.html This case...
Ground Rents
The Ground Rents (Leasehold Properties ) Bill The passage of this bill has revealed some interesting views from MPs and highlights an number of issues which have some significance for conveyancers. Firstly, not surprisingly, an inquiry has been called for into the...
Building Safety
Higher Risk Buildings Another area to be considered by conveyancers are the regulations which are due to accompany the Building Safety Bill 2021. There are six draft regulations two of which require particular attention. The Building (Higher-Risk Buildings) (England)...
Turnover Leases
Given the difficult economic circumstances, incentives for tenants are being offered and there has been a resurgence in interest in turnover leases, we take a look at some key issues…
Overlapping demise
Roof and roof space already demised Subsequent lease takes effect in reversion HCP (Hendon) v HM Land Registry [2020] EWHC 1278 (Admin) Summary Where a lease demised premises that had already been demised to others, the Land Registry had correctly registered the...
Solicitors Practice Points
The information in this section of the site is provided by our Deputy Editor, David Keighley. February 2021 Land Registry Practice Guide 12 The Land Registry has updated paragraphs 5.2.1 and 5.2.2 of Land Registry Practice Guide 12: Official searches to include...
Flexible tenancies
Fixed term Determination before expiry of term - no forfeiture clause Croydon London Borough Council v Kalonga (2020) EWHC 1353 (QB) Summary A landlord under a fixed-term flexible tenancy did not have a right to determine the tenancy prior to the expiry of the fixed...
Surrender by agreement (conditional)
Agreement to surrender Conditional on payment of monies due and giving up of possession Principles of interpretation of lease terms Dreams Ltd v Pavilion Property Trustees Ltd [2020] EWHC 1169 (Ch) Summary A conditional agreement to surrender was conditional on the...
Frustration of lease
Supervening illegality and common purpose Brexit Canary Wharf (BP4) T1 Limited v European Medicines Agency [2019] EWHC 335 (Ch) Summary The High Court confirmed that Brexit will not frustrate the European Medicine Agency-s lease of its London headquarters. Facts The...