Category: Feature Articles
The importance of landlords complying with service charge consultation requirements
Landlords should take note of Daejan Investments Limited v Benson and others [2011] EWCA Civ 38 (“Daejan”). It serves as a stark reminder that not complying with the relevant legislation can have severe financial consequences for landlords. If a landlord of a property, wholly or partially let on residential long leases, wants to carry out works above [...]
Read moreNew ruling on CVAs
The recent case of Mourant & Co Trustees Ltd and others v Sixty UK Ltd and others [2010] EWHC 1890 (Ch) gives landlords hope of being fairly treated where tenants instigate CVAs (company voluntary arrangements). In the Mourant case, Sixty UK Ltd, the fashion retailer, had gone into administration and a CVA was approved by [...]
Read moreGuarantor’s liability on assignment
When faced with a tenant’s request for consent to assign a lease which benefits from a guarantee (by a parent company or otherwise), landlords should be aware that the guarantor cannot be required to provide a direct guarantee for the performance of the new tenant’s obligations under the lease. In Good Harvest Partnership LLP v [...]
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