Contract for the sale of land – disputes – protection pending resolution of the disputes – entry of a unilateral notice – undertaking in damages

Swiss Cottage (40) Properties Limited v Primestate Investments Limited [2015] EWHC 520 (Ch) (Morgan J) (16 February and 5 March 2015)

The claimant (V) entered into a contract in 2014 for the sale of a property to the defendant (P) for the price of £40m. A deposit of £4m was paid on exchange. The contract has not yet been completed. V is now in administration. P is a single purpose British Virgin Islands (BVI) registered company.

Disputes & Litigation, Contracts

Business tenancy – claim for adverse possession – factual dispute – lease vesting in Probate Judge

Mitchell v Watkinson and another [2014] EWCA Civ 1472 (19 November 2014)

We highlight this case in brief to raise awareness of the interaction of a tenancy of a cricket club vested in trustees and a claim for adverse possession of the demised premises.

Disputes & Litigation, Tort

Appointment of arbitrator – arbitration agreement – section 18 Arbitration Act 1996

This case raised a fairly novel point concerning an alleged agreement to arbitrate and the appointment of an arbitrator. The subject property was located in France and there were proceedings in the French courts.

Disputes & Litigation, Alternative Dispute Resolution

Lease of commercial premises – compulsory purchase – entitlement to compensation – effect of surrender by operation of law

This case, which turns on its facts, raised the question of law as to whether there had been an implied surrender or surrender by operation of law of the lease of the premises. The outcome was that because (unwittingly) the tenant had surrendered her lease and the council has accepted the surrender the tenant lost the right to compensation.

Sale & Purchase, Compulsory Purchase

Lease renewal – opposition by landlord – ground (f) – date of intention

In this case the Court of Appeal was called upon to determine whether the effect of amendments to the Landlord and Tenant Act 1954 was to make a fundamental amendment to the date of intention which a landlord requires to oppose an order for a new lease on the ground set out in s30(1)(f).

Leases, Renewal of Lease
Hot Topics

Original landlord’s covenant – liability post assignment of the reversion – Landlord and Tenant (Covenants) Act 1995

This case raised an interesting point and emphasises the need for a landlord to obtain a release upon an assignment of the reversion.

Leases, Guarantors

Contract for sale – shopping centre – delay – extensions of time – damages

In our October 2014 issue we highlighted the first instance decision of Mr Richard Sheldon QC in this case. That decision has been reversed by the Court of Appeal.

Leases, Agreements

Agreement for lease – lease – CVA by the proposed tenant – claims not within the scope of the CVA proposal

This interesting case concerns a CVA of a large well-known hotel chain and the implications for the landlord on a property which was refurbished pursuant to a development agreement, which included an agreement for lease.

Leases, Agreements

Contract for the sale of land – forged signature – ratification – specific performance

In November 2009 the defendant seller (S) agreed to sell a property to the claimant purchaser (P) for the sum of £155,000.

Sale & Purchase, Sale of Lease

Certificate of practical completion – development project – right to rescind – obligation to complete

The developer vendor (V) agreed to sell and the purchaser agreed to buy former agricultural barns once V had converted them for residential occupation.

Sale & Purchase, Rescission for Breach

Leases – arbitration – winding-up petitions – disputed debts – stay of proceedings

The issue that arose in this case was whether, and if so, to what extent, the stay provisions in s9 Arbitration Act 1996 apply to a petition to wind up a company on the ground of its inability to pay its debts where the debt on which the petition is based arises out of a lease containing an arbitration clause.

Tenancies, Tenant Insolvency

Business lease renewal – negotiations for a new tenancy – subject to contract - legal effect on interim rent

In our September 2014 issue, we mentioned this case in brief and said we would revert to it when the transcript of the full judgment was to hand and the full facts were known.

Leases, Renewal of Tenancy

Land – chattels – fixtures – right of removal

Readers may recall that in our March 2014 issue, we highlighted the Court of Appeal decision in Peel Land and Property (Ports No.3) Ltd v TS Sheerness Steel Ltd [2014] EWCA Civ 100 which concerned a former steel mill and issues as to whether some or parts of the mill were fixtures or chattels which the tenant was entitled to remove, and other landlord and tenant issues which arose during the course of the term.

Disputes & Litigation, Rights & Easements

Statutory notices – errors and omissions – approach to construction – validity

Many strategies in leasehold property management depend on the giving of a valid notice or counter-notice. Some notices are contractual and some are statutory. The practitioner will be keen to try and ensure that a correct and valid notice is given to the right person, in the right manner, at the right time and specifying the right information.

Disputes & Litigation, Reliefs & Remedies