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Landlord's liability to pay rates following disclaimer

  • Reed Smith LLP
  • -
  • Canada, United Kingdom
  • -
  • July 21 2014

We have just had a reminder that a landlord's obligation to pay rates can arise when it has the legal right to take possession even though it is

Use clauses in leases can be unenforceable as being anti-competitive

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 18 2014

In the first case subjecting a permitted user clause in a lease to scrutiny under the Competition Act, a landlord local authority seeking to impose

Financing contingencies and earnest money deposits: if I can't get my loan, I get my deposit back, right?

  • Reed Smith LLP
  • -
  • USA
  • -
  • February 22 2012

Real estate purchasers whose contract permits the return of the earnest money deposit if financing cannot be obtained must be extremely careful in how this contingency is worded in the purchase contract, or a purchaser may get an unwelcome surprise, and be forced to forfeit the earnest money when financing cannot be obtained

Ninth Circuit joins Eleventh, holds there is federal common law of receivership

  • Reed Smith LLP
  • -
  • USA
  • -
  • October 15 2009

The U.S. Court of Appeals for the Ninth Circuit has held that there is a federal common law of receivership in the context of real property security interest, joining the Eleventh Circuit

Secured lender took sufficient affirmative action to effect the assignment of rents

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 19 2011

The debtor executed a mortgage and assignment of rents in favor of the lender

Court of Appeal considers the grounds for reopening an application for reconsideration of a refusal to allow permission to appeal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 6 2011

In Trevor Guy v Barclays Bank plc 2010 EWCA Civ 1396 the Court of Appeal heard an application under CPR 52.17 for reconsideration of a refusal to grant permission to appeal a summary judgment decision

Reaffirmations: a guaranteed good idea

  • Reed Smith LLP
  • -
  • USA
  • -
  • April 10 2014

When landlords negotiate amendments or extensions of leases with existing tenants, it can be easy to overlook a very simple but important part of the

Letter of credit proceeds applied to lease rejection damages

  • Reed Smith LLP
  • -
  • USA
  • -
  • November 14 2007

A federal court in California recently has thrown its weight behind a majority rule that holds that letter of credit proceeds should be applied to damages resulting from the rejection of a lease of non-residential real property

Commonwealth Court of Pennsylvania strikes down zoning and setback waiver provisions of “Act 13” oil and gas legislation

  • Reed Smith LLP
  • -
  • USA
  • -
  • August 1 2012

A Pennsylvania Commonwealth Court ruling has struck down a cornerstone of Act 13, which set forth that municipalities must adopt uniform zoning provisions for the development of natural gas as a prerequisite to the receipt of funds collected from natural gas well “impact fees.”

Renewal lease changing terms

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 17 2012

Most landlords are reasonably familiar with the rules set out in O’May v City of London Real Property Co Limited