December 2011 #281 – Law Journals

Landlord And Tenant: It’s never too late for rent reviews

Ed John and Shanna Davison consider the impact of late rent reviews and give some practical tips for parties on either side of rent review negotiations ‘The combined effect of the common law and the way most rent review provisions are drafted is that the conclusion of a rent review is comparable to the music …

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Lockout Agreements: Worth the wait?

Ruth Atkins asks whether exclusivity agreements are worth the effort, or whether they simply serve as a distraction from negotiating the main transaction ‘A lockout agreement does not oblige either party to complete the sale (or letting)… there is nothing to prevent the seller from simply ‘sitting out’ the agreement and then dealing with a …

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Leases: Uncertainty of term

In considering Berrisford v Mexfield, the Supreme Court has expressed its view on the current, unsatisfactory, legal position where a lease or tenancy agreement has been created for an uncertain duration. Carl Roche investigates ‘If the view of the Supreme Court is followed, imperfect tenancies will no longer give rise to implied periodic tenancies. Instead …

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PV Panels: Rooftop wrangles

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Helena Davies examines the implications of installing photovoltaic solar panels on leasehold properties ‘It seems unlikely that PV panels are going to constitute a breach of covenant on the basis of their appearance alone, save in exceptional circumstances.’The relatively recent trend in installing photovoltaic solar panels (PV panels) on the roofs of buildings is born …

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Landlord And Tenant Act 1987: Consequences of non-compliance

Robert Barham reviews a case illustrating the dangers and pitfalls of the 1987 Act ‘An incoming landlord whose predecessor complied fully with Part 1 of the 1987 Act can still fall foul of s3A by failing to state in its formal notification to the tenant that the disposal was one pursuant to the 1987 Act. …

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Squatters: Criminal behaviour

Nitej Davda explains why the proposed introduction of a criminal offence of squatting on residential premises will do little to deal with the crux of the matter ‘While addressing the law relating to squatters is commendable, the government appears to have missed an opportunity to revisit the civil regime. It is this regime that the …

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