A recent Supreme Court ruling took a very literal approach to the interpretation of service charge provisions. Robin Biela assesses the judgment and its implications ‘There is considerable benefit for both landlord and tenant in having a fixed service charge that increases by reference to clear, objective criteria and requires no outside information.’ In Arnold …
Continue reading "Interpretation Of Contracts: When words speak louder than actions"
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Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …
Continue reading "Comment: Less abstraction and more clarity"
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Brioney Thomas reviews recent case law on drafting notices ‘It is clear that if you want to exercise an option or give some form of notice under a unilateral contract, you need to follow the requirements set out in the agreement.’ Recent cases have provided a reminder of the importance of the choice of language …
Continue reading "Drafting: You ‘may’ do as you please but you ‘must’ do as we say…"
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Wills & Trusts Law Reports | November 2013 #134Doreen Gertrude Leader (the deceased) executed a will leaving the residue of her estate to her three daughters on the following terms:
‘I give my estate (including any property over which I may have general power of appointment or disposition by will) to my trustees upon trust…
(c) subject thereto hold the residue remaining and the income thereof (“my residuary estate”) UPON TRUST for such of them my daughters, the said JACQUELINE ANNE RAINBIRD JANET JONES of… and GWENDOLINE SMITH of… as shall survive me and if more than one in equal shares absolutely.’
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Although the recent decision in Siemens Hearing appears to provide comfort to tenants whose break notices do not comply with the lease terms, Vanessa Babington argues that caution is still required ‘With an economic climate making many landlords eager to frustrate a tenant’s break, if anything, the judgment should act as a reminder of the …
Continue reading "Break Clauses: Tenants take note"
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Rod Cowper examines recent approaches to the interpretation of guarantees ‘The only practical guidance that can be offered is that those having the benefit of a guarantee of a contract which is to be amended substantively ought to ensure that the guarantor is made aware of and consents expressly to the variations.’ Although judicial piercing …
Continue reading "Guarantees: Satisfaction guaranteed?"
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Wills & Trusts Law Reports | July/August 2012 #121At the end of the 1940s, the Savernake Estate, which was the subject of these proceedings, was held by a company owned by the 7th and 8th Marquesses of Ailesbury. Between 1949 and 1951 the company was replaced by a partnership. There was a conveyance executed in 1951 by which the estate was conveyed to the Marquesses on trust for sale as part of their partnership. The partnership property also included the family collection of paintings and other chattels. By 1963, there was an agreement that the partnership would be carried on by the 8th Marquess, who had a 51% share, and the trustees f...
Emma Humphreys and Rachel Fletcher review the decision in Humber Oil Terminals Trustee Ltd v Associated British Ports [2012] ‘The approach of the court in determining the interim rent provides valuable assistance to parties who are faced with interim rent valuations under s24D of the Landlord and Tenant Act 1954.’ In the latest in a …
Continue reading "Lease Renewals: Interim rent reappraised"
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Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward ‘It is common for a break clause to be conditional upon performance by the tenant of its covenants under the lease. Consequently, any subsisting breach of covenant on the part of the …
Continue reading "Tenant: Give me a break!"
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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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