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:

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...

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Notices

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...

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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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Material compliance and breaches

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...

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Repayment of rent

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...

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Vacant possession

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...

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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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