Tenant failed to give vacant possession in accordance with terms of break clause

The Court of Appeal has held that a tenant failed to give vacant possession in accordance with the terms of the break clause in its lease. The tenant did not have to carry out repairs as a condition of the …

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COMMENT

Landlord obligation to structure of flats

The Court of Appeal in the case of Grand v Gill [2011] was asked to determine the extent of a landlord’s repairing obligation in relation to damaged plaster finishings on the walls and ceilings of a flat.  Under Section 11 …

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COMMENT

Residential Tenancies: new case strengthens landlord’s position on tenancy deposit claims.

Where a landlord lets residential premises under an assured shorthold tenancy and takes a deposit as part of the tenancy agreement, by virtue of section 213 Housing Act 2004 (the HA 2004) that landlord is required to do the following: …

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COMMENT

Landlords Beware of Mitigating Your Loss

A lease between a landlord and a tenant is a form a contract between two parties.  The courts have been at pains in recent times to emphasise that position and apply ordinary principles of contract law to commercial leases. However, …

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COMMENT

Landlord and Tenant Update

Catherine Brealey comments on the recent case of MW Trustees (and Others) v Telular Corporation. In a commercial landlord and tenant relationship it may frequently be necessary for one party to serve a notice on the other. For example, a …

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COMMENT