When serving the Notice, the Landlord set out in a covering letter its intention to carry out refurbishment works therefore indicating its ability to satisfy ground f. As a result of the Notice and the covering letter the Tenant moved to other premises at a higher rent than it had been willing to pay for a renewal of the existing premises. End of story – not quite.
In Re Abertawe Bro Morgannwg NHS Universtiy Trust’s application the Lands Chamber of the Upper Tribunal gave a good indication as to how it will view applications to discharge a covenant on he basis that it is obsolete pursuant to section 84 (1) (a) of the Law of Property Act 1925. In particular the decision shows that not only can the nature of the area surrounding the property be taken into account but that wider issues, such as social and economic factors, can also be relevant considerations.
In Prudential Assurance Company –v- Excel UK and Another the Court has given tenants another warning as to the need to ensure that Notices are clear and expressed on behalf of the correct party.
Is it important to carefully consider the provisions relating to notional premises in rent review clauses when drafting a lease? - The Court considered this issue in relation to a building occupied by McDonalds.
Can a guarantor be liable to a landlord after the lease has been disclaimed by the liquidator of an assignee? - In Shaw v Doleman the Court of Appeal reinforced the principal laid down by the House of Lords.
Can the court restrain a land owner from carrying out activities on his own land which interfere with rights granted to another party? - In Carter v Cole the Court of Appeal considered the law as to derogation from grant and the appropriate remedies where there was such a derogation.
In Heronslea (Mill Hill) Limited –v- Kwik-Fit Properties Limited the Court considered whether a right to enter onto leasehold premises to inspect them for any purpose or to survey or draw them in fact entitled the Landlord to enter the premises to conduct environmental investigations.
In Royal Bank of Scotland PLC –v- Victoria Street (Number 3) Limited the Lease contained a covenant that the Tenant should not assign without the Landlord’s consent where the consent was “not to be unreasonably withheld in the case of a respectable and responsible assignee”.
In Newham LBC –v- Thomas-Van Staden the Court of Appeal considered whether a drafting error contained in the Lease was sufficient to render the contracting out of that Lease from the Landlord and Tenant Act 1954 ineffective.
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