No Frustration by Brexit

CANARY WHARF (BP4) T1 LIMITED AND OTHERS – V – EUROPEAN MEDICINES AGENCY [2019] EWHC 335(CH) I suppose it must have been worth a roll of the dice on the part of the European Medicines Agency (“EMA”) to argue that the lease of its Canary Wharf premises was frustrated by Brexit.  That they lost, however, […]

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Debentures – why be so negative

It is a common misconception that a fixed charge will always take priority over a floating charge regardless of the date that it was created. It is true that, as a general rule and starting point, a fixed charge will take priority over a floating charge even if it was created after the date of […]

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AST, easy as 1,2,3?

One thing I have noticed in my short legal career so far is the rising number of private residential landlords that are approaching us asking for advice on how to get a troublesome tenant under an Assured Shorthold Tenancy (“AST”) out of their property. Many of these people are looking for a clean break from […]

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Employment Tribunal Fees Declared Unlawful

In what has already been described as a brutal but elegant Judgment, the Supreme Court effectively told the Government that they just got it wrong over increasing Employment Tribunal proceedings issues fees for the purpose they did in 2011. The statistics well show what effect this has had on people trying to enforce their rights. It […]

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The Devil’s in the Detail

The recent case of Greenridge Luton One Ltd and another v Kempton Investments Ltd [2016] EWHC 91 (Ch), highlights the importance of providing up to date and accurate replies to Commercial Property Standard Enquiries (CPSEs) in a commercial property transaction and the devastating consequences of deliberately or recklessly providing incorrect information. The seller owned three office buildings the […]

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Breaking Bad – Tenants Beware!

The recent decision by the Supreme Court in Marks and Spencers plc v BNP Paribus Securities Services Trust Company (Jersey) Ltd and another [2014] has provided clarity on whether a tenant is entitled to a refund of monies if a break date in a lease is between rent payment dates. Facts of the case M&S was the […]

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Recoverability of administration charges when serving a section 146 notice

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 Street […]

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Tenant failed to give vacant possession in accordance with terms of break clause

The 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 break the […]

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Meaning of “Vendor” contained in restrictive covenant

The 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 over […]

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Acceptance of tenant break notices

Either 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, the tenant […]

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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 a certain […]

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Discrepancies in listing particulars do not defeat listed status

The 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 […]

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Who is the Competent Landlord for the purposes of the 1954 Act?

If 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 […]

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Enforceability of contracts for the transfer of land

The 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 1989 (the […]

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Property implications of the Equality Act 2010

The 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, or […]

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Simplifying the sale of land by charities

The Government has recently responded to the Office of the Third Sector’s consultation on proposals to extend the definition of “qualified surveyor” in section 36(4) of the Charities Act 1993 to make it easier for charities to dispose of land. The consultation proposed extending the section 36 definition to include suitably experienced Fellows of the […]

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Lease lengths at record low

The latest BPF/IPD Annual Lease Review has revealed that the average length of leases fell to a low of 6 years in the year 2009/2010 (on an unweighted basis) or 8.6 years if weighted by rent passing.  Each of these figures ignores any breaks clauses in the 91,000 leases analysed.  However, the Review showed that […]

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Accounting treatment of lease liabilities

In future, companies will have to move their lease liabilities on to their balance sheets if the two main accounting rule-makers in the world action their joint proposal to change the way lease contracts are reported. Currently, the liabilities that companies incur from renting assets such as property can be kept off their balance sheets. […]

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Jury O’Shea advises charity

We have recently advised Stockport Women’s Centre on various property issues. Stockport Women’s Centre is a registered charity which offers counselling, therapy and support to vulnerable women across Stockport. For more information, please visit www.stockportwomenscentre.com

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New 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 creditors. Under the terms […]

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