Padwick Properties Ltd v Punj Lloyd Ltd [2016] EWHC 502 (Ch)

Case Round-Up 2016: Learning curve

Ed Socha and Matthew Prendergast set out valuable lessons from key cases in 2016 ‘The purpose of a qualified covenant is to protect the landlord from having their premises undesirably occupied. A landlord is not entitled to refuse consent on grounds unrelated to the landlord and tenant relationship.’ With one eye on the future, the …

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Surrender: Clarity in word and deed

Rebecca Rees discusses how to avoid a surrender ‘The foundation of surrender by operation of law is the doctrine of estoppel: a party is prevented from later denying the validity of an act which would not have been valid if the lease was continuing.’A lease or tenancy can be surrendered at any time by agreement …

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Case Study: It takes two

Dean Monk examines a case in which a guarantor unsuccessfully sought to avoid liability on the basis the landlord had accepted a surrender of the lease ‘Landlords should immediately make it clear in writing what their position is, and be careful that they continue to tow that line (both in writing and in informal discussions …

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Surrender By Operation Of Law: Vacate at your peril!

Mark Pawlowski analyses when a lease can be terminated using surrender by operation of law ‘The burden of proof is on the party asserting that the tenancy has been surrendered. Moreover, a high threshold is imposed in determining whether or not the landlord has accepted an offer of surrender from the tenant.’ A surrender is …

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