PropertyLaw.guru Blog

EG 14-11-20

 EG 14-11-20

P.84 Lease renewals and Covid. Looks at what Ts will want when renewing under the 54 Act given Covid - length of term, break clauses, the type of rent and rent review clause, interim rents. Etc worth reading!


p.87 Break clauses and ‘vacant possession’. Looks at Capital Radio Leeds v Global Radio Services - High court decision that the failure to hand the ‘Premises’  back  as demised had the effect of invalidating the break clause. It turned on the ‘fixtures and fittings’. T handed it back as a shell, but had taken out things that had become part of the ‘premises’ so had to pay the rent till 2025!! 


P.88 Good Faith clauses - what is it, where do you get them, are they implied, how are they interpreted and how do you navigate the minefield, Def worth reading


P. 90 Tenant Fees Act 2019 - has it worked and what has been the effect of it on residential tenancies


P.92 Highways case - DB Symmetry v Swindon BC [2020] EWCA 1331 - Good summary f what is a highway, what does dedication mean, what can a planning condition do, whether it can require dedication without compensation. .The case decided that planning conditions cannot be used to force developers to dedicate land as  highway



P.93 - Amin v Amin [2020] EWHC 2675 - failure to provide a transcript of oral evidence in a case on appeal will prevent adverse conclusions being drawn about the judge’s findings based on that evidence


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