Frustration: The extent of its applicability

University of Greenwich | Property Law Journal | February 2021 #384
Mark Pawlowski considers the extent to which the doctrine of frustration may operate to terminate rights in land In summary, it can be said that the English courts are prepared to admit that the doctrine of frustration applies to the sale of land. However, the actual circumstances in which the doctrine will actually be held …

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Back To Basics: Vacant possession and rent review

Pinsent Masons | Property Law Journal | March 2011 #266
Keith Shaw reports on the importance of vacant possession in rent review situations, and warns of the potential pitfalls ‘The rent review hypothesis assumes, as at the review date, that the lease including the rent review clause does not exist. Logically, therefore, any occupation by a tenant in possession has to be disregarded, and it …

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