Category: covenants

Sharing the Spoils – Tanfield Chambers

Posted February 24th, 2016 in covenants, insurance, interpretation, landlord & tenant, leases, news by sally

‘It is not uncommon for a lease to impose an obligation on one party or another to insure the subject property against the usual insured risks. But difficult questions can arise when the party placing the insurance is not the party in occupation. When and to what extent can the proceeds be shared? And what impact does such an arrangement have on damage caused by the occupier’s negligence?’

Full story

Tanfield Chambers, 9th February 2016

Source: www.tanfieldchambers.co.uk

Moorjani v Durban Estates Ltd – WLR Daily

Posted December 14th, 2015 in appeals, compensation, covenants, damages, housing, landlord & tenant, law reports, repairs by sally

Moorjani v Durban Estates Ltd [2015] EWCA Civ 1152; [2015] WLR (D) 509

‘In a case in which a residential tenant claimed to have suffered loss arising from the landlord’s breach of its repairing and insuring obligations, which had caused disrepair to his flat, the loss lay in the impairment of the amenity value of the tenant’s proprietary interest in the flat, and discomfort, inconvenience and distress were only symptoms.’

WLR Daily, 4th December 2015

Source: www.iclr.co.uk

Relief from forfeiture for deliberate breaches of covenant – the Court of Appeal gives guidance in Freifeld – Hardwicke Chambers

Posted October 7th, 2015 in covenants, forfeiture, landlord & tenant, news by sally

‘Mixed residential and commercial developments frequently cause problems for the residential occupiers and work for lawyers, in particular when the commercial units are let to bars or restaurants which create noise and nuisance in the evenings and at weekends.’

Full story

Hardwicke Chambers, 16th September 2015

Source: www.hardwicke.co.uk

After Freifeld, when might a tenant be refused relief from forfeiture? – Tanfield Chambers

Posted September 4th, 2015 in covenants, forfeiture, landlord & tenant, leases, news by sally

‘In Freifeld v West Kensington Court Limited [2015] EWCA Civ 806, long-lessees had deliberately granted a future sub-lease of a commercial unit to a Chinese restaurant in breach of their alienation covenant not to sublet without landlord’s consent. An initial application for relief from forfeiture failed, because the tenants had wilfully breached their alienation covenant, and because there was an extensive history of neglectful management by the tenants of their obligations under the headlease. The judge concluded that the relationship between the tenants and their landlord had become dysfunctional and that it should not be re-imposed on the landlord by the grant of relief to the tenants.’
Full story

Tanfield Chambers, 21st August 2015

Source: www.tanfieldchambers.co.uk

Commercial nonsense and the reasonable man: Arnold v Britton & Ors [2015] UKSC 36 – Hardwicke Chambers

Posted July 28th, 2015 in appeals, covenants, leases, news, Supreme Court by sally

‘In this case, the Supreme Court considered to what extent lessees could escape what appeared to be a very bad bargain indeed. The crux of the case was: to what extent can commercial common sense defeat a contractual provision which defies it?”

Full story

Hardwicke Chambers, 24th July 2015

Source: www.hardwicke.co.uk

High Court: solicitors had duty to advise on commercial element of deal – Legal Futures

Posted July 13th, 2015 in causation, competition, covenants, negligence, news, restraint of trade, solicitors by tracey

‘The High Court has dismissed a claim against a firm of solicitors, despite finding it negligent in failing to raise the absence of a covenant in restraint of competition during the purchase of a commercial property.’

Full story

Legal Futures, 13th July 2015

Source: www.legalfutures.co.uk

The Supreme Court interprets fixed service charges – 36 Bedford Row Property Blog

Posted June 16th, 2015 in appeals, covenants, leases, news, service charges, Supreme Court by sally

‘The Supreme Court has handed down judgment in Arnold v. Britton & Ors. [2015] U. K. S. C. 36, concerning the construction of service charge clauses for holiday chalets in Oxwich Bay, South Wales (pictured). In so doing, it has taken the opportunity to reiterate and re-emphasise some fundamental principles of contractual interpretation.’

Full story

36 Bedford Row Property Blog, 11th June 2015

Source: www.36property.co.uk

Assignments and anti-avoidance: the Landlord and Tenant (Covenants) Act 1995 – New Square Chambers

Posted March 17th, 2015 in appeals, covenants, landlord & tenant, news by sally

‘The Landlord and Tenant (Covenants) Act 1995, applies to “new tenancies” – tenancies granted on or after 1 January 1996. It reformed privity of contract in this area, giving a clean break to tenants on assignment of a new tenancy, except for excluded assignments and authorised guarantee agreements(AGAs). A guarantor is released to the same extent as a tenant upon a lawful assignment. s.25(1)(a) makes void agreements which have effective to frustrate the provisions of the 1995 Act. Below is a look at recent decisions concerning the application of the anti-avoidance provision and of other provisions against that background.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

“New for Old”: New terms in renewed leases under the Landlord and Tenant Act 1954 require good reasons – New Square Chambers

Posted March 17th, 2015 in covenants, landlord & tenant, leases, news, service charges by sally

‘In the absence of agreement, the terms of any new lease to be granted under the provisions of Part II of the Landlord and Tenant Act 1954 are to be determined by the court in accordance with sections 32 to 35 of that 1954.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by tracey

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

Court of Appeal: landlord entitled to refuse new lease due to tenant’s failure to allow access – OUT-LAW.com

Posted July 9th, 2014 in covenants, landlord & tenant, leases, news, repairs by sally

‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’

Full story

OUT-LAW.com, 9th July 2014

Source: www.out-law.com

Historic Neglect – Nearlylegal

Posted July 4th, 2014 in covenants, landlord & tenant, leases, news, repairs by tracey

‘Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.’

Full story

Nearlylegal, 3rd July 2014

Source: www.nearlylegal.co.uk/blog/

Conservation Covenants – Law Commission

Posted June 27th, 2014 in covenants, environmental protection, reports by tracey

‘A report recommending a new statutory scheme be established to allow landowners to ensure the long-term conservation of features on their land such as forests, habitats and historic buildings.’

Full report

Law Commission, 24th June 2014

Source: www.justice.gov.uk/lawcommission

Getting section 146 notices right: Anders v Haralambous – Hardwicke Chambers

Posted February 14th, 2014 in appeals, covenants, leases, news, repossession by sally

‘Despite the 146 notice having been around, in one form or another, for more than 130 years, it is still causing as much angst as ever. The High Court appeal in Anders v Haralambous [2013] EWHC 2676 (QB), in which John de Waal QC acted for the Respondent, highlights the added complication of the interaction between s146 and the determination of breach pursuant to s168 of the Commonhold and Leasehold Reform Act 2002.’

Full story

Hardwicke Chambers, 4th February 2014

Source: www.hardwicke.co.uk

Buzzoni and others v Revenue and Customs Comrs – WLR Daily

Posted January 22nd, 2014 in covenants, gifts, inheritance tax, law reports, leases by sally

Buzzoni and others v Revenue and Customs Comrs [2013] EWCA Civ 1684; [2014] WLR (D) 13

‘Whether property disposed of by way of gift was enjoyed to the entire or virtually entire exclusion of any benefit to the donor by contract or otherwise, and whether it constituted property “subject to a reservation” within the meaning of section 102(1)(b) of the Finance Act 1986 for the purposes of inheritance tax under the Inheritance Act 1984, depended not on whether the donor had obtained a benefit from the gifted property but whether the donee’s enjoyment of that property remained exclusive. If the benefit to the donor had no impact on, was irrelevant to and made no or virtually no difference to the donee’s enjoyment, the donee’s enjoyment was to the entire or virtually entire exclusion of any benefit to the donor and, therefore, the gifted property would be an exempt transfer and not subject to inheritance tax.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

Elwood v Goodman and others – WLR Daily

Posted September 6th, 2013 in appeals, contracts, covenants, land registration, law reports, roads by tracey

Elwood v Goodman and others: [2013] EWCA Civ 1103;   [2013] WLR (D)  342

“The burden in equity of a positive covenant did not require to be registered in order to bind successors in title of the original covenantor.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Leasehold repair covenants and damages – NearlyLegal

Posted June 28th, 2013 in covenants, damages, leases, news, repairs by tracey

“Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC).
This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of flats. As will become clear, I’m rather troubled by some of the Court’s findings.”

Full story

NearlyLegal, 25th June 2013

Source: www.nearlylegal.co.uk

Not in my court – NearlyLegal

Posted June 7th, 2013 in covenants, forfeiture, housing, leases, news by tracey

“Forfeiture is, for the most part, beloved by landlords and hated/feared by tenants. For what might be relatively minor breaches of covenant, you can lose your lease and the landlord make an enormous windfall. The legislative trend is (slowly) in favour of restricting (and possibly even abolishing) forfeiture as demonstrated by s.168, Commonhold and Leasehold Reform Act 2002. By s.168, Commonhold and Leasehold Reform Act 2002, a landlord may not serve a notice under s.146, Law of Property Act 1925, or otherwise exercise a right of re-entry (i.e. forfeiture) in respect of a breach of a covenant (other than one to pay rent – which is unaffected by s.146, see s.146(11); or service/administration charges, which are dealt with under s.81, Housing Act 1996), unless the breach has been admitted by the tenant or determined by a court, LVT or arbitral tribunal.”

Full story

NearlyLegal, 3rd June 2013

Source: www.nearlylegal.co.uk

Burr v OM Property Management Ltd – WLR Daily

Posted May 9th, 2013 in appeals, covenants, energy, landlord & tenant, law reports, service charges, time limits by tracey

Burr v OM Property Management Ltd: [2013] EWCA Civ 479;   [2013] WLR (D)  164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Conservation covenants – Law Commission

Posted March 28th, 2013 in consultations, covenants, environmental protection, press releases by tracey

“We have opened a consultation asking whether England and Wales should adopt conservation covenants.”

Full press release and consultation

Law Commission, 28th March 2013

Source: www.justice.gov.uk/lawcommission