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 – rights of way – proprietary estoppel

This case concerns the grant of a lease and then a dispute between the landlord and tenant as to the means of access to/from the demised premises.

Disputes & Litigation, Reliefs & Remedies

Lease – rent reduction – option to surrender – notice of termination – right to a new lease

We mention this Irish case because it raises an interesting point on construction. The case highlighted the difficulty facing many tenants, at the height of the financial crisis, in paying rent due under leases that had been fixed at the height of the boom. To help alleviate the tenant’s position terms were re-negotiated. An issue arose on that as to whether the original tenancy was terminated, so that the tenant was entitled to a new lease at a (lower) market rent or whether the original lease continued in full force and effect. The outcome turned on the precise legal status of a document.

Leases, Options

Business premises – terminal dilapidations – diminution in value

This case concerns the valuation of a claim for terminal dilapidations.


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

Business use of premises – breach of covenant – interim injunctions

This English case also concerned a claim to an interim injunction to restrain an alleged breach of covenant.

Disputes & Litigation, Reliefs & Remedies

Consent to assign – landlord’s right to information – reverse premium being paid by tenant

We mention this Scottish case in brief because it raised an interesting point on the entitlement of the landlord to details of a reverse premium being paid by the prospective assigning tenant to the assignor.

Disputes & Litigation, Reliefs & Remedies