Land – chattels – fixtures – right of removal

Lictor Anstalt v Mir Steel UK Limited (1) and Libala Limited (2) [2014] EWHC 3316 (Ch) (Asplin J) (13 October 2014)

Readers may recall that in our March 2014 issue, Commercial Leases [2014] Vol 28 Issue 2 at p2034, 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

Natt and another v Osman and another [2014] EWCA 1520 Civ (26 November 2014)

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

Landlord and Tenant Act 1954 – demolition – misrepresentation – compensation

This case enhances the learning of the application of s37A Landlord and Tenant Act 1954 (the Act) and is valuable for that reason alone but as it held there was no misrepresentation the court was not required to assess damages. Thus we still await a decided case in which damages are awarded and we can understand the approach the courts will take.

Leases, Renewal of Lease

Commercial premises – purported assignment – estoppel – liability of original tenant – surrender by operation of law

This case turns mostly on its facts but it raises a practical issue of the implications for a landlord accepting rent from a party occupying the premises who is not the tenant and in some respects treating that party as if it were the tenant.

Disputes & Litigation, Rent Arrears

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

In our September 2014 issue, Commercial Leases [2014] Vol 28 issue at p2092 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. We now have it. The appeal was heard by the Chancellor of the High Court (Sir Terence Etherton) and Christopher Clarke LJ. The two issues that arose were (1) whether the judge was correct to have held that Boots’ application for an interim rent was to be determined in accordance with s24C rather than s24D Landlord and Tenant Act 1954 (the Act); and (2) whether the judge was correct to have ordered the grant of a new tenancy pursuant to s29 of the Act on the terms of a draft lease presented to him despite the tenant’s contention that the draft was under negotiation and remained “subject to contract”.

Leases, Renewal of Tenancy
Hot Topics

Business tenancy – tenant partnership – landlord one of the partners – renewal tenancy – licence – injunction

In our June/July 2014 issue, Commercial Leases Vol 28 Issue 5 at p2068 we highlighted the Court of Appeal decision on a dispute between two dentists who were in partnership and where one of the partners granted a business tenancy to the partnership and the other partner sought a renewal tenancy pursuant to Part II Landlord and Tenant Act 1954 (the Act). The application failed because the continuing partner was not able to bring himself within s41A of the Act.

Leases, Renewal of Lease

Mixed use schemes – repairs – duty to consult with residential lessees – extent and scope of the duty

This case will be interest to readers who act for commercial landlords who manage a mixed use scheme. The residential part is subject to a high level of regulation, principally imposed by the Landlord and Tenant Acts 1985 and 1987.

Leases, Service Charges

Commercial lease – option to break – conditions precedent – apportionment of rent prior to termination

News Item - In our June/July 2014 issue Commercial Leases Vol 28 Issue 5 at p2070 we highlighted the Court of Appeal Decision in this which held rent paid on the quarter day prior to the break date in the full amount for the quarter, was not subject to apportionment when it became certain the break was effective and the court held that the tenant was not entitled to a rebate by way of an apportionment from the day after the break date to the last day of the subject quarter.

Leases, Options

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

Joint tenants – notice to quit by one – binding on the other

Although this case directly concerns a local authority secure tenancy the general thrust of the affirmation of common law principles by the Supreme Court is of general application and so we highlight the decision in brief.

Tenancies, Renewal of Tenancy

Lease of commercial premises – user restrictions – competition law

This case concerns the impact of competition law. The judge was asked to determine a preliminary issue in an unopposed application for a renewal tenancy under the Landlord and Tenant Act 1954 (‘the Act’). The issue concerned the user clause of the proposed new lease.

Renewal of Lease, Tenancies

Leases – rights and reservations granted – implied reservations – right of entry to repair, reroute and lay new gas pipes – nuisance – trespass

Although this case concerns a lease of residential premises the principle issues are of general application to landlord and tenant law. The case arises from a drafting mismatch in rights granted and reservations and emphasises starkly the need for utmost care to ensure that reservations are broadly and clearly expressed.

Leases, Rights & Easements

Shopping Centres – management committees – variations of scheme – variation of leases – landlords approach and landlord’s rights

It is convenient to take these two related Scottish cases together. They tell a cautionary tale that owners and managers of retail parks will wish to take on board.

Leases, Rights & Easements