We
regularly publish legal bulletins
to alert our clients and interested
parties to changes in the Law that
may affect their businesses.
October 2011
Break Rights
The Need for Tenants to give Vacant Possession
In the present difficult economic climate landlords may be keen to take a technical point to challenge the validity of a tenant's break notice and thereby hang on to their tenants...
K/S Victoria Street v House of Fraser (Stores Management) Ltd and other [2011] EWCA Civ 904 (27 July 2011)
The Court of Appeal in the recent decision of K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] has clarified the law on the extent to which a tenant’s guarantor can be required to remain liable for the lease obligations following an assignment...
The recent High Court decision in Churchill v Temple [2010] highlights the need for developers to consider carefully whether a property is affected by restrictive covenants requiring consent for redevelopment and, if so, whose consent is needed...
Following a recent Court of Appeal decision in R (Save Britain's Heritage) v Secretary of State for Communities and Local Government [2011] most demolition works are now likely to require planning permission and may also require an Environmental Impact Assessment (“EIA”) to ascertain any likely significant effects that the project will have on the environment...
As we previously reported in our Legal Alert in March 2010, the industry was startled by the Court's decision in Good Harvest that a guarantee agreement of an assignee's obligations entered into by the previous tenant's guarantor was unenforceable in the light of the anti-avoidance provisions of the Landlord and Tenant (Covenants) Act 1995 ("the Act"). We anticipated then that the consequences of that decision would be to render some existing guarantees unenforceable ....
In the recent case of HKRUK ll (CHC) Ltd v Heaney, the High Court granted a commercial property owner an injunction requiring a developer to cut back its completed development.....
