June 2023 BSA Special Edition

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Question 1 of 4

1. Question
What is the important point to extract from the decision in Brittania Village (Nine) Residents Management Company Limited v Various Leaseholders LON ooBB/2021/0008?
- A lease cannot be subject to an application under Section 35 Landlord and Tenant Act 1985 where the wording within a lease is unsatisfactory.
- A lease cannot be subject to an application under Section 35 Landlord and Tenant Act 1985 where the wording was impractical and unsatisfactory.
- A lease can be subject to an application under Section 35 Landlord and Tenant Act 1985 where the lease is defective but not where it was impractical and unsatisfactory.
- A lease can be subject to an application under Section 35 Landlord and Tenant Act 1985 where the lease is defective and the wording within a lease meant it was impractical and unsatisfactory.
Question 2 of 4

2. Question
What is the important point to extract from the case of B & M Retail Ltd v HSBC Pension Trust (UK) Limited [2023] EWHC 2495 (Ch)?
- The court does not have the jurisdiction to introduce an immediately operable redevelopment break clause in a business tenancy renewal.
- The court does not have the jurisdiction to introduce a tenants break clause in a business tenancy renewal.
- The court does have the jurisdiction to introduce an immediately operable redevelopment break clause in a business tenancy renewal.
- The Court does have the jurisdiction to introduce a tenants break clause in a business tenancy renewal.
Question 3 of 4

3. Question
What is the key principle to extract from the case of Gill v Lees News Ltd [2023] EWCA Civ 1178?
- Where a landlord is opposing renewal due to disrepair under S30(1)(a) LTA 1954 there must be disrepair at the date of the Section 25 Notice or Landlord’s Counter Notice.
- There must disrepair at the date of the Section 25 Notice or Counter Notice to a Section 26 Request and the date of trial.
- There must be disrepair not just confined to a single date but can be considered at the date of the Section 25 Notice or Counter Notice to a Section 26 request.
- There must disrepair at the date of trial.
Question 4 of 4

4. Question
When making an application to reconstitute title which of the following is not something that should be disclosed to HM Land Registry?
- An ordnance survey map showing the land in question.
- Evidence of possession.
- Disclosable overriding interests.
- A formal valuation of the land in question.

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June 2023 BSA Special Edition

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