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Cases Edwin Johnson

Sarvenaz Fouladi v Darout Ltd (2019)

Judgment Date: 28 Jun 2019

In a case concerning noise nuisance in which the claim against the first to third defendants succeeded, but the claim against the fourth defendant failed, a judge had been entitled to make a Bullock order requiring the unsuccessful defendants to meet the costs ordered to be paid by the claimant to the successful defendant. It had been reasonable for the claimant to join the fourth defendant as a party to the action because the first to third defendants had sought to blame the fourth defendant for the nuisance.

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Sarvenaz Fouladi (Claimant/Respondent) v (1) Darout Ltd (2) Ahmed El Kerrami (3) Sarah El Kerrami (Defendants/Appellants) & St Mary Abbots Court Ltd (Defendant) : Sarvenaz Fouladi v St Mary Abbots Cou

Judgment Date: 19 Dec 2018

A lessee and occupiers of a flat were liable in nuisance for noise caused to the occupiers of the flat below where the flooring of the upper flat was inadequate to prevent significant noise transmission. The lessee was also in breach of covenant under the lease for failing to obtain the landlord's consent to renovation works resulting in the inadequate flooring. Although the landlord was aware of the works, it had no knowledge of the nuisance and was therefore not liable by participation.

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Aldford House Freehold Ltd v (1) Grosvenor (Mayfair) Estate (2) K Group Holding Inc (2018)

Judgment Date: 14 Dec 2018

Whether premises comprised a "flat" within the Leasehold Reform, Housing and Urban Development Act 1993 s.101 depended on whether they had been constructed or adapted for use for the purposes of a dwelling. The test was not whether the premises had reached such an extent of fitting out, or remained in such good condition, that they could actually be used for living in.

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Julia Duval v 11-13 Randolph Crescent Ltd (2018)

Judgment Date: 18 Oct 2018

Where several leases covering a block of flats contained an absolute covenant requiring the lessees not to carry out certain actions, and a separate covenant requiring the landlord to enforce the absolute covenant at the request of any other lessee, the landlord would be in breach of the latter if they granted to a lessee a licence to carry out the prohibited action.

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Reiner v Triplark Ltd (2018)

Judgment Date: 04 Oct 2018

A right-to-manage company's failure to give consent to the assignment of a lease did not amount to an unreasonable withholding of consent within the meaning of the Landlord and Tenant Act 1988 s.1 where it had not complied with its obligation under the Commonhold and Leasehold Reform Act 2002 s.98(4) to give the lessor 30 days' notice, thereby enabling the lessor to object.

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Members
Edwin Johnson QC

Practice areas
Real Estate

First Tower Trustees Ltd v CDS (Superstores International) Ltd (2018)

Judgment Date: 19 Jun 2018

Contractual estoppel and non-reliance clauses were not immune from scrutiny under the Misrepresentation Act 1967 s.3. Such clauses could not prevent liability arising if they failed to satisfy the reasonableness test under the Unfair Contract Terms Act 1977 s.11(1). Accordingly, a landlord was not permitted to rely on a clause in a lease restricting its liability for representations, where it had misrepresented to the tenant that it had no knowledge of environmental problems affecting the property, when in fact it was aware of asbestos problems.

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Great Dunmow Estates Ltd v Crest Nicholson Operations Ltd (2018)

Judgment Date: 11 Jun 2018

The parties to a conditional contract for the sale of land which provided for the fixing of a valuation date had reached an agreement as to that date and the valuer appointed under the contract had been wrong to depart from that agreement.

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Members
Edwin Johnson QC

Practice areas
Real Estate

Car Park Services Ltd v Bywater Capital Ltd

Judgment Date: 03 May 2018

This case is very important in Northern Ireland because there is no contracting out of their business tenancy legislation, so the question of whether an agreement creates a lease or a licence is critical. The case is also important for the law of England and Wales because the distinction between a lease and a licence can also be important here, and most of the case law considered by the Court of Appeal in Northern Ireland was case law from England and Wales.

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Warborough Investments Ltd v Lunar Office SARL (2018)

Judgment Date: 13 Mar 2018

The grant of an underlease of commercial premises by a tenant had constituted a breach of covenant. A judge's construction of the relevant covenant had involved an unwarranted re-writing of it.

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Members
Edwin Johnson QC

Practice areas
Real Estate

Adrian Howard Mundy v Trustees of the Sloane Stanley Estate (2018)

Judgment Date: 24 Jan 2018

In calculating marriage value for the purposes of determining the premium to be paid for the acquisition of a new lease under the Leasehold Reform, Housing and Urban Development Act 1993 Pt I, the Upper Tribunal had been entitled to have regard to real-world transactions in which the lease attracted rights under the Act.

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Members
Edwin Johnson QC

Practice areas
Real Estate

Grosvenor (Mayfair) Estate v Merix International Ventures Ltd (2017)

Judgment Date: 30 Mar 2017

A judge had been entitled, having taken full account of all the guidance to be derived from precedent and reached a decision with the benefit of his own evaluation, to find that a townhouse with past mixed residential and office use and no current use at all, was a house within the Leasehold Reform Act 1967 s.2, entitling an applicant to acquire the freehold interest in it.

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(1) First Tower Trustees Ltd (2) Intertrust Trustees Ltd v CDS (Superstores International) Ltd (2017)

Judgment Date: 20 Feb 2017

A landlord was liable for the cost of remedial works to remove asbestos and of alternative warehouse accommodation whilst those works were carried out where it had misrepresented to the tenant, in its replies to pre-contract enquiries, that it had no knowledge of any environmental problems affecting the property. A clause in the lease which purported to exclude liability for reliance on any statement made by the landlord failed the test of reasonableness under the Misrepresentation Act 1967 s.3.

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Reiner v Triplark Ltd (2017)

Judgment Date: 06 Jan 2017

An underlessee who had sold her flat and removed all her belongings from it was in breach of a covenant not to part with possession of the flat without the lessor's prior written consent. Such consent had not been unreasonably withheld as the purchaser of the property was also the sole director of the right-to-manage company which was entitled to grant consent pursuant to the Commonhold and Leasehold Reform Act 2002 but he had failed to give the requisite 30 days' notice to the lessor in accordance with s.98(4) of that Act.

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Janine Ingram v Church Commissioners for England Sub Nom Re 20 The Water Gardens, Burwood Place, London W2 2DA (2015)

Judgment Date: 15 Sep 2015

A landlord had been entitled to recover by way of service charges VAT which it had to pay to its managing agent in respect of the salaries of the agent's caretaking staff. Such VAT did not fall within the extra-statutory concession set out in VAT Notice 48 para.3.18.

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Morshead Mansions Ltd v Mactra Properties Ltd (2013)

Judgment Date: 10 Apr 2013

Where a tenant had obtained summary judgment against its landlord in relation to the accounting years 2004 to 2006 but not the accounting year 2003, and the evidence showed that the consideration of 2003 added nothing to the costs of the summary judgment application, the correct percentage reduction in an assessment of costs was 10 per cent.

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Members
Edwin Johnson QC

Practice areas
Real Estate

Sabrina Soon Duck Park Kim v Chasewood Park Residents Ltd (2013)

Judgment Date: 26 Mar 2013

The reference to "no ground rent to pay" in a letter from a residents' association to tenants concerning the possibility of acquiring the reversion of a residential development concerned only a potential benefit which might come from a purchase of the reversion and was not a clear representation for the purpose of inducing tenants to support the purchase. Tenants were therefore unable to rely on the letter as estopping the management company from subsequently seeking to recover ground rent from them.

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Members
Edwin Johnson QC

Practice areas
Real Estate

Kutchukian v Free Grammar School of John Lyon (2013)

Judgment Date: 20 Feb 2013

When determining the value of a freehold under the Leasehold Reform, Housing and Urban Development Act 1993 Sch.6 it was not right to apply a discount for legal uncertainty regarding the prospective exercise of rights by the freeholder under s.61. The true construction of the Act had to be determined and the valuation carried out accordingly. The landlord in s.61 meant the party who had granted the new lease under s.56 who, at that stage, would have been the competent landlord as defined in s.40.

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Members
Edwin Johnson QC

Practice areas
Real Estate

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