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Rights to light- the great debate

Hogan Lovells
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United Kingdom
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April 25 2013

Rights to light have become an increasingly contentious and confusing area in recent years to the frustration of developers. The situation has not

“Qualifying works” for the purposes of the Landlord and Tenant Act 1985 must be considered cumulatively

Hogan Lovells
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United Kingdom
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April 4 2013

The claimants were a group of tenants who occupied chalets on a holiday site owned by Francis under 999 year leases. Francis undertook various works

Actual sale of freehold required for landlord to operate a break clause linked to overage payable on a sale

Hogan Lovells
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United Kingdom
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April 4 2013

HFI was the landlord of four petrol stations and Park was the tenant. The leases contained a break clause permitting the landlord to terminate on

Damages for breach of contract can include reasonably foreseeable diminution of value of property

Hogan Lovells
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United Kingdom
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April 4 2013

Gubbins engaged John Grimes to design a road and drainage scheme for a residential development and to obtain local authority approval. John Grimes

Dispensation for failing to comply with consultation process of 1985 Act should be granted to landlord on terms which are fair to the tenants

Hogan Lovells
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United Kingdom
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April 4 2013

Daejan was the landlord and Benson was the tenant of a residential building. Daejan had carried out substantial works to the building, but had failed

Notices served under the party wall act are deemed to have been received when they would arrive in the normal course of post

Hogan Lovells
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United Kingdom
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April 4 2013

Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall etc Act 1996 in relation to

Legal advice confidential?

Hogan Lovells
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United Kingdom
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April 4 2013

Property professionals deal with a diverse range of technical matters. It is not unusual for them to have considerable legal expertise in their

Covenant not breached where third party allowed to occupy but tenant not excluded

Hogan Lovells
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United Kingdom
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April 4 2013

Ansa was Towerbeg’s tenant of a large site used for the storage of motor vehicles. Ansa used the site for the storage and transportation of Ford

Operation of conditional break clause ineffective without actual payment of break penalty

Hogan Lovells
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United Kingdom
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April 4 2013

Canonical was TST’s tenant under a lease. The lease contained a break option entitling Canonical to terminate the lease on six months’ notice provided

Landlord could not recover insurance contributions where no tenant’s covenant to pay

Hogan Lovells
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United Kingdom
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April 4 2013

Mrs Brown was Mr Sadd’s tenant of a residential flat under a long lease. The lease included an obligation on the part of the landlord to insure the

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Search results

Rights to light- the great debate

“Qualifying works” for the purposes of the Landlord and Tenant Act 1985 must be considered cumulatively

Actual sale of freehold required for landlord to operate a break clause linked to overage payable on a sale

Damages for breach of contract can include reasonably foreseeable diminution of value of property

Dispensation for failing to comply with consultation process of 1985 Act should be granted to landlord on terms which are fair to the tenants

Notices served under the party wall act are deemed to have been received when they would arrive in the normal course of post

Legal advice confidential?

Covenant not breached where third party allowed to occupy but tenant not excluded

Operation of conditional break clause ineffective without actual payment of break penalty

Landlord could not recover insurance contributions where no tenant’s covenant to pay

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