Contracts for the sale of land – interpretation – rectification – rents and profits

Hogg v Eddery [2015] EWHC 942 (Ch) (Asplin J) (24 February 2015)

This case concerns the development of a property and the payment of an instalment of the price. The issue was the proper construction of the expression “letting” as used in the formula.

Sale & Purchase, Sale of Property

Shopping centre – variation of a lease – unreasonable withholding of consent by the tenant

Gyle Shopping Centre General Partners Ltd v Marks & Spencer plc [2015] CSOH (Lord Tyre) (12 February 2015)

Staying with Edinburgh for the moment, readers may recall from our November 2014 edition,  two cases where the tenant (M&S) was at odds with its landlord over the extension of the Gyle Shopping Centre in central Edinburgh to accommodate a new store to be let to Primark.

Disputes & Litigation, Reliefs & Remedies

Terminal dilapidations – construction of lease – extent of tenant’s liability

In this Scottish case the judge was required to construe ambiguous terms of the lease as regards the tenant’s liability to pay a claim for £8,062,006 in respect of terminal dilapidations.

Tenancies, Repairing Covenants

Shopping centre – extension – derogation from grant – quiet enjoyment

We are staying with shopping centres for the moment but have moved on from Scotland to Northern Ireland for this case.

Disputes & Litigation, Reliefs & Remedies

Landlord and tenant relationship – defamation – malice – qualified privilege

The landlord and tenant relationship can sometimes be fraught and tempers can fray.

Disputes & Litigation, Tort
Hot Topics

Grant of tenancy – title of grantor – termination – landlord – estoppel by representation – apparent ownership

In this unusual case a party with no apparent title granted a lease in the full knowledge of the freeholder.

Leases, Forfeiture

New business lease – rental value – comparable properties – Northern Ireland

We mention this case in brief to raise awareness of it. It concerns the determination of rent payable under a new lease of commercial premises.

Leases, Rent Review

Lease renewal – retail business premises – Scotland

We draw attention to this Scottish case to contrast English law on the renewal of retail business tenancies.

Leases, Renewal of Lease

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.

Sale & Purchase, Compulsory Purchase

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

Dissolution of the tenant company – disclaimer of the lease – restoration of the tenant company – effect on the lease – section 1032(1) Companies Act 2006

This case raised a novel point on tenant default, striking off the register and dissolution, usually for failure to file accounts or other documents on time, a disclaimer of a lease by the Crown’s representative and the subsequent restoration of the company to the register.

Tenancies, Tenant Insolvency

Business lease – mural on external wall – alleged unlawful removal by tenant – delivery up

This quite fascinating case gives rise to a number of issues including ownership of a valuable chattel removed from the demised premises by the tenant, purportedly pursuant to its repairing obligations.

Tenancies, Repairing Covenants

Public house premises – proprietary estoppel – trust of land

This case concerns a freehold property but the principles apply equally to leaseholds.

Disputes & Litigation, Reliefs & Remedies

Lease of a sports stadium and sports hall complex – user provisions – claim by landlord for mandatory injunctions to prevent alleged breaches

This intriguing case raised the question of the proper interpretation of a rather unusual lease and a claim by the landlord for mandatory injunctions against its tenant.

Disputes & Litigation, Reliefs & Remedies