Landowner’s duty to abate nuisance

The Court of Appeal has recently ruled (Lambert and others v Barratt Homes Ltd and another [2010] EWCA Civ 681) that while a local authority was under a duty to cooperate and help to facilitate works to abate a nuisance on its land caused by a neighbouring landowner, it was not reasonable to expect the […]

Read More

Lease surrenders by operation of law

In order for a surrender to take place by operation of law (as opposed to by deed), a tenant’s behaviour must be unequivocally inconsistent with the lease continuing. This point was repeated recently in QFS Scaffolding Limited v Sable and another [2010] EWCA Civ 682, where the Court of Appeal ruled that there had been no […]

Read More

Timing of landlord’s intention to redevelop

A tenant has a statutory right to renew a business tenancy at the end of the term. However, the landlord can oppose renewal if it intends to redevelop the premises, one of the grounds for opposition permitted under the Landlord and Tenant Act 1954. The High Court has provided clear guidance on the timing of […]

Read More

Guarantor’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 Centaur […]

Read More

 

Top
Jury O'Shea