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Rent review assumptions

Squire Sanders
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United Kingdom
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December 19 2011

In good or bad economic times determining the rent payable under a commercial lease is of the utmost importance to both landlords and tenants

(Some) relief for residential valuers Court of Appeal overturns Scullion decision

Squire Sanders Hammonds
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United Kingdom
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September 21 2011

In what will come as a welcome relief to residential surveyors (and their insurers), the Court of Appeal has now overturned the controversial decision of the High Court in Scullion v Bank of Scotland plc (ta Colleys) in which the High Court held that a residential surveyor owed a duty of care to a buy-to-let investor is respect of future rental yield

Misrepresentation: how far can a seller rely on the Standard Conditions of Sale to exclude liability?

Squire Sanders Hammonds
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United Kingdom
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September 21 2011

It is common practice for a seller of property to attempt to limit his liability for misrepresentation as much as possible

Unearthing restrictive covenants: a consideration for developers carrying out construction work

Squire Sanders Hammonds
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United Kingdom
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September 21 2011

In Perkins the Lands Tribunal refused to modify a restrictive covenant to allow a developer to build a new house on his land

Rent reviews does delay mean a landlord will be out of time?

Squire Sanders Hammonds
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United Kingdom
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September 21 2011

Rent review clauses are a common feature in leases

Personal break clauses: the impact of the Linpac mouldings case

Squire Sanders Hammonds
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United Kingdom
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June 21 2011

The recent Court of Appeal decision in Norwich Union and Pensions v Linpac Mouldings Ltd reinforces the principle that, once a tenant with the benefit of a personal break clause assigns a lease, in the absence of very clear wording to the contrary that break clause cannot later be exercised by the former tenant even if the lease is subsequently re-assigned to him

How does summary judgment work in contested lease renewal claims?

Squire Sanders Hammonds
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United Kingdom
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June 21 2011

The recent case of Somerfield Stores Limited v Spring (Sutton Coldfield) Limited (in Administration) addresses the question of whether a tenant in contested lease renewal proceedings can use summary judgment as a tactical weapon to reduce the time available for a landlord to prove its ground of opposing the grant of a new lease

Compulsory purchase orders: compensation case review

Squire Sanders
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United Kingdom
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September 29 2010

The law of compulsory purchase is often perceived as a complex and difficult area of law

What amounts to a surrender by operation of law?

Squire Sanders
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United Kingdom
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September 29 2010

Where a landlord and tenant bring a lease to an end, they usually do so by completing a deed of surrender

Does it do what it says on the tin?

Squire Sanders
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United Kingdom
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September 29 2010

Whilst acquiring a building occupied under a full repairing and insuring (FRI) lease may hold many attractions to a prospective purchaser, would-be landlords should be aware that this does not necessarily mean that their tenant will be responsible for all required remedial work

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