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Wednesday, August 17, 2022
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Case Law

When terms of a renewal lease cannot be agreed between the parties, according to the provisions of the Landlord and Tenant Act 1954, which governs the statutory requirements of a commercial lease, a court can have oversight...
In a recent appeal court ruling, in 89 Holland Park Management Ltd v Sophie Louise Hicks (2020), Hicks was a property developer wanting to develop a property that was subject to a restrictive covenant from an adjoining...
Commercial tenants, with the landlords consent, not to be unreasonably withheld, can assign their lease (transfer it) to a third party (new tenant) on application. A common condition of the landlord giving their consent...
In every tenancy there is an implied right if not an express covenant that promises that the tenant is able to possess the premises, not just without noise, “quiet enjoyment” as the term implies, but in peace...
In Beaumont Business Centres Ltd v Florala Properties Ltd (2020) the High Court considered the legal position regarding a serviced office provider’s right to light following an adjoining apathotel development. Beaumont Business Centres Limited...
In this case - Duval v 11-13 Randolph Crescent Ltd - reached the Supreme court in May 2020 after a tenant in a block of flats had requested the landlord’s consent for alterations, but disputed by another...
You may own a property outright (freehold is as good as outright as you can get in England) but that doesn’t mean you can do with it exactly as you choose - not if there are any...
In this case (F.J.M. v. the United Kingdom, November 2018) the lady tenant had been evicted by her landlord using the Section 21 process and following a possession order granted to the landlord. She claimed that the...
A case in point last year involved a Stockport agent accessing tenant’s personal data resulting in prosecution, a fine and dismissal. An employee of Stockport Homes Limited (SHL), the offender, was a customer services...
In the case of Home Group v Henry (2018), at Newcastle County Court, a landlord had served a S21 notice on its tenant living in a House in Multiple Occupation (HMO). The landlord...