i-law

Commercial Leases

Business leases – recent issues - contracting out

Patel v Chiltern Railway Co Ltd [2007] PLSCS 156, (County Court, HHJ Peter Cowell)
Online Published Date:  01 November 2007

Housing Law Monitor

Housing Law Monitor highlights the latest issues surrounding housing law within the public and private sectors. From housing benefit, letting policy, eviction procedure, sheltered accommodation and landlord/tenant obligations, Housing Law Monitor..
Online Published Date:  01 November 2007

Redbus LMDS Ltd v Jeffrey Green Russell [2006] (unreported) Chancery Division, Judge Behrens QC (17 November 2006)

Drafting in a licence agreement was the issue in this case. The background The claimant (R) retained the defendants (JGR) to act in relation to a licence agreement relating to intellectual property rights to develop and exploit a machine to detonate..
Online Published Date:  01 November 2007

Football League Ltd v Edge Ellison and others [2006] EWHC 1462 (Ch)

Finally on the subject of professional negligence we draw readers’ attention to this case. The full judgment - all 104 pages – is worth detailed study for those really interested in the subject. The background The case was well..
Online Published Date:  01 November 2007

Talisman Property Co Ltd v Norton Rose [2006] EWCA Civ 1104; [2006] 45 EG 192

This case concerned the service of a notice under s25 Landlord and Tenant Act 1954 and considers the method of assessing damages for the loss of a chance. The case is welcome because it helps to clarify several concepts in a complex and developing..
Online Published Date:  01 November 2007

Vision Golf Ltd v Weightmans [2006] EWHC 1766 (Ch)

This case concerned the assessment of damages payable to a client where solicitors failed to apply to the court for relief from forfeiture of a lease protected by the Landlord and Tenant Act 1954. Previously, in 2005, Lewison J had determined issues..
Online Published Date:  01 November 2007

Professional negligence in the commercial leases sector

Inevitably it is a fact of modern professional practice that even in the best of regulated and managed practices things will go wrong from time to time; a key date might be missed or a crucial passage in a document overlooked in circumstances which..
Online Published Date:  01 November 2007

Protected lease - renewal - rental evidence

Samuel Smith (Southern) Ltd v Howard de Walden Estates Ltd [2007] 1 EGLR 107
Online Published Date:  01 November 2007

Options and time limits

While on the subject of options granted under leases and in connection with property interests it may be helpful to remind readers of some basic principles on the timing and service of notices under the option agreement: Where the agreement..
Online Published Date:  01 November 2007

Agreement to surrender tenancy - Section 38(1) of the Act

Ultimate Leisure Ltd and another v Tindle and another [2007] EWCA Civ 1241 Court of Appeal (25 October 2007)
Online Published Date:  01 November 2007

Fairness of apportionment of service charges – mixed use scheme – review by the Lands Tribunal

In the Matter of Rowner Estates Ltd [2007] LRX/3/2006 (Lands Tribunal) Mr A J Trott FRICS (26 September 2007)
Online Published Date:  01 December 2007

Commercial lease – construction – regime of rules and regulations – whether revised scheme reasonable and in accordance with the lease provisions

Shah v Colvia Management Company Ltd [2007] All E R (D) 17 High Court Chancery Division, Mr A Elleray QC sitting as a deputy judge
Online Published Date:  01 December 2007

Leases – repairs – windows – construction

Pattrick & another v Marley Estates Management Ltd [2007] EWCA Civ 1166 (15 November 2007)
Online Published Date:  01 December 2007

Development lease – mortgagee exercising power of sale – leaseback option extinguished – whether economic tort

Meretz Investments NV and Britel Corporation NV v ACP Ltd, First Penthouse Ltd and Fahad Al Tamimi [2007] EWCA Civ 1303; The Times, 2 January 2008 (11 December 2007)
Online Published Date:  01 December 2007

Dilapidations – measure of damages – diminution in value of reversion – assumed redevelopment – airspace

Ravengate Estates Ltd v Horizon Housing Group Ltd & others [2007] EWCA Civ 1368 (19 December 2007)
Online Published Date:  01 December 2007

Development agreements – grant of leases – completion – forfeiture of deposit – relief s49 Law of Property Act 1925

Eyestorm Ltd v Hoptonacre Homes Ltd [2007] EWCA Civ 1366 (19 December 2007)
Online Published Date:  01 December 2007

Defective premises – water ingress – liability of landlord

Nicholas David Jackson v J H Watson Property Investment Ltd [2007] EWHC 14 (Ch) (7 January 2008)
Online Published Date:  01 December 2007

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