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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:
Overview Tenant Fees Act 2019 This page give a brief overview of the Act. Detailed guidance can be found her: Government Guidance on the Act The Tenant Fees Act 2019 (-the Act-) places controls on what payments landlords and letting agents may require tenants and...
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...
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...
Mutual enforcement clause Implied term that landlord will enforce the clause Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 Summary The existence of a mutual enforcement clause in a lease necessarily implied a term that the landlord could not take steps to put it...
What happens if the tenant is in breach? Is there a minor breach? Has the tenant materially complied with the terms of the lease? Is the tenant required to pay the full-quarter's rent if the break is due to take place in the middle of the quarter? Do any of these...
Break clause operation Reimbursement of rent payable in advance on exercise of break right - no implied term Marks and Spencer plc v BNP Paribas [2015] UKSC 72 Summary A term would not be implied in a lease permitting the tenant to recover rent paid for the period...
Security guards John Laing Construction Ltd v Amber Pass Ltd [2004] 17 EG 128 (Deputy High Court Judge). 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...
This page deals with various matters relating to the effectiveness of break clause notices. Acknowledgement of notice required Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 Where a lease provided that a break notice would only be valid where the...
This page contains material dealing with the following points on break clauses Effect of dilapidations settlement on break clause. Tenant's right to break passing on assignment Effect of a dilapidations settlement on a break clause Legal & General Assurance...
Small claims track or fast track costs Effect of protocol Birmingham City Council v Lee [2008] EWCA Civ 891 Summary This is an important case on costs. The tenant used the Pre-action Protocol for Housing Disrepair Cases. The works were done before litigation and the...
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