Tenant refunds under break clauses?
In a recent case the court implied into a break clause a term which entitled the tenant to a refund. Hitherto the balance of opinion was that a tenant was not entitled to a refund unless it was covered...
View ArticlePlanning Permissions to “Firm Up” Earlier
From 1 July 2013 the time limit for bringing judicial review proceedings against England & Wales’ local authority planning permissions was reduced from three months to six weeks. So land...
View Article“Non compliant” Tenant break notice worked!
News Siemens Hearing Instruments Ltd v Friends Life Ltd (2013) was a High Court Decision that contradicted the orthodoxy that a Tenant’s break right in a lease is an option clause and (as such) must...
View ArticleThe Big Bang under the Legal Market
The Legal Market is undergoing a “Big Bang”. There will be more demand than ever but most services will be commoditised with the emphasis shifting more to cost effective technical access, research...
View ArticleDanger of failing to buy on “practical completion”
If your new property is being built your obligation to complete your purchase usually turns on whether the archtect or other contract administrator has certified the building work is “practically...
View ArticleCorporate Veil applied in Construction Case
Oakapple Homes (“OH”) used sister company Oakapple Construction (“OC”) to convert an old Derbyshire Mill to a large flat and retail complex. As part of the build contract arrangement OH novated the...
View ArticleLease arrangement rectified
If two parties agree what the legal consequences of a contract should be, English courts might be able to rectify any defective provisions of the contract that are at variance with those shared aims....
View ArticleDoes the new Telecoms Code permit preliminary site suitability surveys?
Does the new Telecoms Code give the tribunal power to impose an agreement allowing access to a building to investigate it’s suitability for the installation of electronic communications apparatus? The...
View ArticlePrinciples applicable to Interim Rights under New Telecoms Code
One important feature of the new Electronic Communications Code (“the Code”) is the obligation it places on the Tribunal to resolve dispute without delay. Regulation 3(2) of the Electronic...
View ArticleCould partnership claim section 2 AHA 1986 tenancy against partner?
Section 2 of the Agricultural Holdings Act 1986 (AHA) provides that: “(1) An agreement to which this section applies shall take effect, with the necessary modifications, as if it were an agreement for...
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