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Cases Real Estate

Schroder Exempt Property Unit Trust & Ors v Birmingham City Council (2014)

Judgment Date: 10 Jul 2014

A landlord was the "owner" of an unoccupied property for the purpose of non-domestic rates where the liquidator of a tenant company had disclaimed the lease. The disclaimer determined the lease and gave the landlord the right to immediate possession, regardless of the existence of the guarantor's obligations. While the Insolvency Act 1986 s.178(4)(b) preserved the liabilities of the guarantor, those rights were contractual in nature, and did not give the guarantor a right to immediate possession.

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Practice areas
Real Estate

Friends Life Management Services Ltd v A & A Express Building Ltd (2014)

Judgment Date: 09 May 2014

The court set out how the service charge payable for the last accounting period of a commercial lease should be calculated.

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Members
Timothy Dutton QC

Practice areas
Real Estate

Friends Life Ltd v Siemens Hearing Instruments Ltd (2014)

Judgment Date: 03 Apr 2014

A notice given by a business tenant to operate a break clause in a lease was invalid, as it did not comply with the express requirements of the clause.

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Practice areas
Real Estate

Pillar Denton Ltd v GAME Retail Ltd (2014)

Judgment Date: 24 Feb 2014

Where property leased by a company in administration was retained by the administrator for the benefit of the administration, under the salvage principle the administrator had to pay the rent during the period for which he retained the property. The rent was treated as accruing from day to day and was payable as an expense of the administration.

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Blueco Ltd v BWAT Retail Nominee (1) Ltd and other companies (2014)

Judgment Date: 21 Feb 2014

A judge had been entitled to adopt a literal construction of the terms of a pre-emption right in a management lease.

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Bywater Properties Investments LLP & Ors v Oswestry Town Council (2014)

Judgment Date: 14 Feb 2014

Where a rent review clause provided that only the landlord could instigate a review and that the reviewed rent could not be less than the initial reserved rent, and where the landlord had instigated a review and increased the rent after the first review period but had not instigated a review after the second period, the clause meant that the rent payable after the first review continued to be payable. The rent did not revert back to the initial reserved rent.

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Practice areas
Real Estate

Bank of Scotland Plc v Greville Development Co (Midlands) Ltd & 15 Ors (2014)

Judgment Date: 31 Jan 2014

A bank established on the civil standard of proof that its customer, an individual who controlled various companies, had adduced untruthful evidence and had forged documents relating to a legal charge over property. The court also considered what kind of error might fall within a "mistake of a clerical or like nature" in the Land Registration Rules 2003 r.130(2)(a).

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Members
Jonathan Allcock

Practice areas
Real Estate

Brenda Myrtle Sumner & Ors v Costa Ltd & Ors (2014)

Judgment Date: 29 Jan 2014

In determining a rent review, an arbitrator was not required to set out every reason he had as to the weight to be given to each comparable property.

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Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd & Anor (2013)

Judgment Date: 17 Dec 2013

In assessing the diminution in value of the landlord's reversion caused by a tenant's breaches of repairing covenants, a judge had been entitled to conclude that the amount of the diminution could be inferred from the cost of the necessary repairs.

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Practice areas
Real Estate

E-Clear (UK) Plc v Elias Elia & Ors (2013)

Judgment Date: 06 Sep 2013

Without a trial, a judge could not have been sufficiently certain that a company had been insolvent when payments for the benefit of a director had been made; a declaration of beneficial ownership of a property made on an application for summary judgment was overturned.

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Martineau Galleries No.1 Ltd & Ors v Birmingham City Council (2013)

Judgment Date: 20 Aug 2013

The court construed rent review provisions contained in a commercial lease granted pursuant to a development agreement between a local authority and a property developer.

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Practice areas
Real Estate

Deutsche Bank Suisse SA v Khan & Ors (2013)

Judgment Date: 26 Jul 2013

The court discharged an order restoring possession of properties to their mortgagors pending their appeal against the refusal of their application for postponement of a possession order, where the original order had been made without the mortgagors providing full and frank disclosure.

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Members
Michael Pryor

Practice areas
Real Estate

Alexander Voyvoda, Grosvenor West End Properties & 32 Grosvenor Square Ltd (2013)

Judgment Date: 25 Jul 2013

The decision in Daejan Investments Ltd v Benson [2013] UKSC 14, [2013] 1 W.L.R. 854 established that the risk profile for landlords managing owner-occupied flats had changed considerably since the Leasehold Valuation Tribunal's decision in Zuckerman v Calthorpe Estates Trustees [2009] UKUT 235 (LC), [2011] L. & T.R. 12 making provision for an additional 0.25 per cent uplift to the five per cent generic deferment rate for flats established in Earl Cadogan v Sportelli [2007] 1 E.G.L.R. 153 to reflect the additional risks of managing flats. A Zuckerman addition was no longer justified.

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Practice areas
Real Estate

Mitchell v Watkinson (2013)

Judgment Date: 25 Jul 2013

A cricket club had had a tenancy without a lease in writing, meaning that the landlord's right of action for possession accrued on the determination of the tenancy in accordance with the Limitation Act 1980 Sch.1 Pt I para.5. Although the club had entered into a written tenancy agreement regarding the land, that agreement had not been with the freeholder; the fact that the freeholder had subsequently accepted rent payments, thus granting a lease by implication from conduct on the same terms as the written agreement, did not suffice to make the written agreement the relevant lease in writing.

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Members
Timothy Harry

Practice areas
Real Estate

Hammersmatch Properties (Welwyn) Ltd v Sain-Gobain Ceramics & Plastics Ltd (2013)

Judgment Date: 24 Jul 2013

The principle expressed in Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd [2008] EWHC 2280 (TCC), 122 Con. L.R. 88, namely that a costs penalty might be appropriate where one party made a Part 36 offer which was nearly sufficient and the other party rejected that offer outright without any attempt to negotiate, no longer applied to Part 36 and should not be applied as a special "near miss" rule through the CPR r.44.2(4)(c).

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Practice areas
Real Estate

Siemens Hearing Instruments Ltd v Friends Life Ltd (2013)

Judgment Date: 12 Jul 2013

A notice to operate a break clause in a lease was not expressed to be given under the Landlord and Tenant Act 1954 s.24(2) as required by the terms of the lease, but the notice was not invalidated by the failure to state that it was given under s.24(2).

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Practice areas
Real Estate

Centreland Management LLP v HSBC Bank Pension Trust (UK) Ltd (2013)

Judgment Date: 04 Jul 2013

In awarding costs under the Arbitration Act 1996 s.61, an arbitrator was not under obliged to compare a Calderbank offer with a valuation under the Landlord and Tenant Act 1954 s.34 as of the date of the offer, but rather retained a broad discretion to award costs under s.61 which was totally fact dependent.

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In The Matter of Games Station Ltd & Ors (2013)

Judgment Date: 01 Jul 2013

On an application by administrators for directions the court gave permission to appeal to the Court of Appeal on the issue of the extent to which rent and service charges falling due both before and after the appointment of administrators were to be treated as expenses of the administration.

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Members
John McGhee QC

Practice areas
Real Estate

Pollen Estate Trustee Co Ltd & Ors v Revenue & Customs Commissioners (2013)

Judgment Date: 26 Jun 2013

Where a charity acquired property, the exemption from stamp duty land tax provided by the Finance Act 2003 Sch.8 applied in respect of that proportion of the beneficial interest that was attributable to the undivided share held by the charity for qualifying charitable purposes.

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Practice areas
Charities
Real Estate

Howell Evans & Ors v David Edward Rees Lloyd & Ors (2013)

Judgment Date: 24 Jun 2013

A transaction whereby a farm worker transferred two agricultural holdings to the proprietors of a farm where he had lived all his working life had not been procured by undue influence and was not an unconscionable transaction. The farm worker regarded the proprietors as members of his family and had taken the decision to transfer the holdings freely and independently. The court also determined that the doctrine of unconscionable transactions applied to gifts.

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Practice areas
Real Estate

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