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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
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Grant of lease – grant of option – charge to the bank – priorities – exercise of the option -fraud

This case concerns the alleged grant of a commercial lease and an option to purchase neither of which were registered at Land Registry.

Leases, Options

Lease – service charge provisions – fixed or variable service charges – interpretation of lease

This case concerns the interpretation of the service charge provisions in leases.

Leases, Service Charges

Mixed use building – service charges – intermediate landlord – apportionment of contributions

This case concerned a mixed use building and the interrelationship of service charge contributions payable in respect of the commercial element and the residential element.

Leases, Service Charges

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

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

Commercial property – damage by fire – reinstatement – insurance contracts

The claimant (WT) was a family management company which administered a property portfolio owned by various members of the family who undertook property development.

Disputes & Litigation, Reliefs & Remedies

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

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.

Disputes & Litigation, Contracts