Wills & Trusts Law Reports | Winter 2018 #170The deceased was a self-made man who had operated a farming business and a haulage company in partnership with his wife (the third defendant) and his son (the claimant). Over the course of his life, he purchased a number of parcels of agricultural land in Dorset. In 2007 he gave two of these parcels to one of his daughters (the first defendant). In 2009 the partnership dissolved, and the deceased transferred one of the parcels to himself and the third defendant to hold jointly. At the same time the claimant was given one of the parcels and the haulage business.
The deceased died i...
Andrew Williams explores a landlord’s remedies for tenant disrepair during a tenancy ‘The forfeiture route carries many advantages for a landlord; not least of all, claims for forfeiture commonly include a claim for damages.’It is easy to empathise with the landlord of commercial premises who discovers that its tenant has allowed the building to fall …
Continue reading "Remedies: A case for pragmatism"
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Neil Ham considers the decision in Avocet and its broader consequences for landlords and tenants ‘If equality and fairness prevail, break conditions will either be absent or, more commonly, provide that at the break date the basic annual rent will be up to date and the premises vacant.’ The exercise of a break right by …
Continue reading "Commercial Lease Breaks: Give me a break"
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Michael Higgin considers the implications of a case that has found plasterwork applied to walls and ceilings to be structural ‘The introduction of modern building techniques means that we should be cautious to extrapolate anything rigidly from the legal analysis of traditional methods of construction, but should also weigh up the circumstances.’The recent case of …
Continue reading "Leases: Plasterwork is part of the structure"
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Richard Bartle reminds us of the common law assessment of damages and the operation of s18(1) of the Landlord and Tenant Act 1927, with reference to recent case law ‘If redevelopment is the only option open to the landlord on termination of a lease then the court would most likely assume that redevelopment will take …
Continue reading "Dilapidations: Re-development of s18?"
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