- Home/Publications/Commercial Leases
Strict rules for exercise of option agreement in agreement for lease and rectification for mistake
Petrol (Passive Emissions Testing Research Organisation Laboratories) Ltd v Industrial Property Investment Fund High Court (Ch), 15 March 2006 (unreported)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Mediation – without prejudice negotiations and waiver of privilege
In the Matter of a Company High Court (Ch), 1 November 2005 (unreported)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Haward and others v Fawcetts [2006] UKHL 9 (1 March 2006)
Sometimes disrepair is caused by negligent contractors or professional advisers. Landlords and developers may require to pursue claims against them as part of their obligation to act reasonably, and before incurring service charge costs. The House..
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Perry (Albert Richard) v Princess International Sales and Services Ltd [2005] EWHC 2042 (5 May 2005)
By way of a change from real estate, this case concerned the sale/purchase of a luxury motor yacht and a potential creditor’s right to a freezing order affecting registered land.
The background
The claimant (ARP), an amateur yachtsman,..
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Repairing issues obligations and service charges
Next we highlight for readers four cases which raise issues on repairs and defects with implications for commercial landlords.
Marlborough Park Services Ltd v Rowe and another Court of Appeal, 7 March 2006 (unreported)
This case is of importance as..
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
CVAs and the threats to landlord’s security of rental income stream
Some sectors of the retail industry are under great financial strain, despite the general health of our economy. Some retailers are looking at ways of minimising or reducing their rent roll or terminating lease obligations in respect of unwanted or..
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Unilateral notices and freezing orders – when and how to use them – can they protect agreements for lease?
Donnelly and others v Weybridge Construction Ltd [2006] EWHC 348 (TCC) (24 February 2006)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Business lease – statutory disturbance compensation – arbitration clause in lease – effect
Best Beat Ltd v Rossall High Court (Ch), 10 March 2006 (unreported)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Forfeiture and the section 146 notice – getting it right
Waycourt Ltd v Viscount Chelsea and another Court of Appeal, 20 March 2006 (unreported)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Rent review – date for review and validity of notice
Riverside Housing Association Ltd v White and another [2005] EWCA Civ 1385; [2005] 50 EG 91 (CS) (6 December 2005)
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006
Abbott v Will Gannon & Smith Ltd [2005] EWCA 198 (Civ) (2 March 2005)
This is another limitation case and concerns the date to start time running in connection with claims in negligence in the design of a building.
The Court of Appeal wrestled with the unsatisfactory state of the law left by the House of Lords.
The..
Online Published Date:
01 April 2006
Appeared in issue:
Volume 20 Issue 4 - 01 April 2006