The online resource for UK Property Law

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:

Miscellaneous

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...

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Section 146 notices

Getting the notice right Akici v LR Butlin Ltd [2005] EWCA Civ 1296 Introduction This case concerns the meaning of sharing possession in a tenants covenant in the context of a company, the validity of s146 notices, and remedying breaches against sharing possession....

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Waiver

Topics covered on this page: Exercise of commercial rent arrears recovery amounts to waiver. Once and for all breach - to do something within a particular time. Acceptance of cheque to secure dismissal of bankruptcy proceedings. CRAR Waiver of right to forfeit by...

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Settlement and discontinuance

Costs Negotiated settlement Agricullo Limited v Yorkshire Housing Limited [2010] EWCA Civ 229 Summary A covenant relating to the recoverability of costs following service of a s146 notice did not entitle a landlord to recover his costs where the dispute was resolved...

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Registration gap

Who can forfeit Scribes West Ltd v Relsa Anstalt [2004] EWCA Civ 1744 Forfeiture"This appeal raises a short but important point on the right to forfeit a lease of registered land [under the Land Registration Act 1925], in the period between execution of a transfer of...

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Unlawful forfeiture

Damages claim Claim for relief - subsequent claim that forfeiture not lawful Lilyford Ltd v La Porta [2013] EWHC 434 Summary A county can reach a decision on whether to grant relief from forfeiture under s139(2) of the County Courts Act 1984 without having to decide...

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Arbitration

Challenging the award It is extremely difficult to challenge the award of an arbitrator. The provisions under which such a challenge may be made - ss68 and 69 of the Arbitration Act 1996 - are very limited. This is demonstrated by a number of cases although in some of...

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Time of essence

The leading case Starmark Enterprises Ltd v CPL Distribution Ltd [2001] EWCA Civ 1252 The normal presumption in rent review cases that time is not of the essence can be displaced if there is a clear contraindication in the wording of the rent review clause. A deeming...

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Presumption of reality

Beegas Nominees Ltd v Decco Ltd [2003] EWHC 1891 (Ch); [2003] 43 EG 138 As a general rule the court will construe a rent review clause by relying upon the presumption of reality. In 1988 the Court of Appeal set out the position in relation to the hypothetical lease...

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Construction

This page contains two cases dealing with various construction points: Date from which rent increase is take effect. Operation of rent review clause by the tenant. See also the pages on "time of the essence" and "presumption of reality" - see contents on left. There...

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