A notice under section 146 of the Law of Property Act 1925 (“section 146 notice”) must be served on the tenant before the landlord can forfeit the lease for breach of covenant. However, no section 146 notice is required for non-payment of rent. In a recent case before the Leasehold Valuation Tribunal (“LVT”), 19-21 Rendezvous [...]
Read moreThe case of NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 highlights that tenants must be extremely cautious when trying to comply with any conditions of a break clause and landlords also need to be careful not to waive any rights. In this case the tenant had exercised its option to [...]
Read moreThe title to a property may contain restrictive covenants which prohibit the property owner from doing something. An example of a restrictive covenant may be that no works to the property may be carried out without the written consent of the previous owners. Churchill v Temple and others [2010] EWHC 3369 (Ch) concerned a property [...]
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We are pleased to announce that John Archer has recently joined us as a consultant, enhancing our finance capabilities. John specialises in real estate finance, general company finance and secondary market asset sales. He has wide experience of domestic and international syndicated and bilateral credit facilities, starting his career at Taylor Wessing LLP and then [...]
Read moreEither party to a lease (and their agents) must be careful when dealing with notices to terminate. MW Trustees Ltd and others v Telular Corporation [2011]EWHC 104 demonstrates some of the pitfalls. In this case, the tenant was required to serve six months’ written notice on the landlord by hand or special delivery. In fact, [...]
Read moreLandlords 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 moreThe Court of Appeal has held that significant errors in the name and address of a listed building do not render the listed status of that building invalid. Chapter 1 of Part 1 of the Planning (Listed Buildings and Conservation) Act 1990 (“PLBCA 1990”) regulates the listing of buildings for architectural or historic reasons. Once [...]
Read moreIf you have recently purchased a property which is subject to leases that are protected by the Landlord and Tenant Act 1954 (the “Act”) and you want to serve notice under the leases to oppose the grant of a new tenancy, you must ensure that you are the “competent landlord” under the Act. The “competent [...]
Read moreThe recent case of Herbert v Doyle and another [2010] EWCA Civ 1095 highlights the importance of properly documenting contracts to sell or transfer land. The parties in this case had orally agreed to transfer a number of car parking spaces between themselves. However, under section 2 of the Law of Property (Miscellaneous Provisions) Act [...]
Read moreThe Equality Act 2010 (the “Act”) brings existing legislation on discrimination (including the provisions of the Disability Discrimination Act 1995) into one single statute. Save for certain exceptions, the provisions of the Act came into force on 1 October 2010. The Act aims to protect people with certain characteristics (for example, people with disabilities, [...]
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