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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

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

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

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

Will the lights go out on rights to light?

Hogan Lovells
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United Kingdom
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April 4 2013

As widely reported in the property press, the Law Commission has issued a Consultation Paper on rights to light. The Paper was published in February

Valuers negligent for failing to value in accordance with RICS guidelines lenders partially negligent for failing properly to assess borrower’s creditworthiness

Hogan Lovells
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United Kingdom
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April 4 2013

Webb sought damages from E.Surv, a firm of valuers, in respect of the alleged negligent valuation of two properties for mortgage purposes. Webb had

Loss for breach of covenant not to be assessed by reference to the value of the property at the date of the breach

Hogan Lovells
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United Kingdom
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April 4 2013

In February 2008, Hooper contracted to sell a house to Oates for £605,000 with an agreed completion date of 30 June 2008. Oates failed to complete

Declarations on rights to light appropriate in relation to long running dispute where one party had not unconditionally accepted the other’s position

Hogan Lovells
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United Kingdom
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April 4 2013

Mr and Mrs Pavledes and Mr and Mrs Hadjisavva owned adjoining houses. The Hadjisavvas obtained planning consent for an extension to their property

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Search results

Rights to light- the great debate

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

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

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

Will the lights go out on rights to light?

Valuers negligent for failing to value in accordance with RICS guidelines lenders partially negligent for failing properly to assess borrower’s creditworthiness

Loss for breach of covenant not to be assessed by reference to the value of the property at the date of the breach

Declarations on rights to light appropriate in relation to long running dispute where one party had not unconditionally accepted the other’s position

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