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Results: 1-10 of 344

Development - how to ensure that positive obligations bind successors in title

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • February 20 2013

In this article, we look at two cases which consider different aspects of the law on enforcing positive obligations against successors in title. The

What constitutes actual occupation?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • May 19 2010

In Link Lending Ltd v Hussein and another, the Court of Appeal considered what constitutes actual occupation so as to defeat an application for a possession order

Where a buyer failed to complete on a contract, and the seller was being awarded damages as a result, what was the base value of the property? Should it be taken as at the date of the breach, or at a later date when the property market had fallen?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • April 30 2013

Events which occur after a property salepurchase contract has been breached may be taken into account;therefore, where the property market had

Landlord and tenant - requiring a guarantor to take a new lease following disclaimer

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • February 20 2013

Where a lease is disclaimed, a guarantor of the tenant may be required by the landlord to take a new lease

Restrictive covenants - a covenant will only be enforceable if the land benefiting from it is easily ascertainable

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • December 13 2012

The land which benefits from a restrictive covenant must be easily ascertainable from the document which imposes the covenant

A tenant's dilapidations obligation, at the end of the lease, did not require it to install state of the art fittings even though the items provided by the landlord at the start of the tenancy were the best available at that time

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • May 31 2013

A tenant occupied commercial premises under various leases. When the leases expired, the tenant stayed on for a while longer but did eventually move

Conveyancing - will a buyer be bound by a third party right which is not registered at the Land Registry?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • December 13 2012

A buyer of registered land for valuable consideration will take subject to any third party rights which are noted on the register, and to overriding interests

Landlord and tenant - lease renewal under the Landlord and Tenant Act 1954

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • July 31 2012

Where a landlord is opposing the grant of a new lease to a tenant on the ground that the landlord intends to occupy the premises itself, the court has to decide whether the landlord's intention is made out on the assumption that the landlord (and not the tenant) is in possession of the premises at the end of the tenancy

Surveyor's duty of care

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • October 21 2010

The court has held that a surveyor does owe a buy-to-let purchaser a duty of care to get the rental valuation correct

Contract - can a buyer terminate a contract post-completion where a seller is in breach?

  • Wragge & Co LLP
  • -
  • United Kingdom
  • -
  • January 25 2012

The usual remedy for a breach of contract is damages payable by the defaulting party