Property Case Law Update: July 2014

Mount Eden Land Ltd v Bolsover Investments Ltd (Ch D, 20.6.14) Refusing consent to alterations on the ground that the change of use may give rise to rights of enfranchisement is unreasonable. The tenants of an office building sought consent [...]

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Property Case Law Update: June 2014

Hubbard v Bank of Scotland Plc (t/a Birmingham Midshires)[2014] EWCA Civ 648 The Court of Appeal has confirmed that, assuming there are appropriate limitations in the retainer, a valuation surveyor only has to report apparent defects which could have a [...]

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Property Case Law Update: May 2014

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2013] EWHC 1279 (Ch) A clause requiring repayment of rent following an effective break notice will not be implied into a lease; express clauses must [...]

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Full steam ahead with Lappa Valley

OTB Eveling are delighted to announce that they advised existing clients and local entrepreneurs Keith and Sara Southwell on the acquisition on Lappa Valley Steam Railway, located near Newquay in Cornwall.  Partner James Eveling led the transaction with substantial support [...]

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The Court of Appeal strikes a blow for common sense

A case that is widely reported so quickly after it has been made is normally either very good news, or very bad news for those on the ground. Thankfully, in the case of Pillar Denton & Others v Jervis & [...]

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Dilapidations- a tenant can escape the cost of repairs which would be rendered unnecessary by modernisation works.

In Sunlife Europe Properties Ltd v Tiger Aspect Holdings Ltd the High Court provided a useful summary of the legal principles which apply when considering dilapidations at the end of a long lease. This particular case concerned a 35 year [...]

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An early Christmas present for landlords

Many practitioners were, to put it mildly, shocked by the decision of the Court of Appeal in the case of Spencer v Taylor which was heard at the end of November. The judgment in this case has turned on its [...]

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A not so festive topic for landlords – tenants missing the December rent payment date

Unfortunately, a landlord’s festive cheer can often be dampened when a tenant fails to pay the quarter’s rent that falls due on Christmas Day. Although the market seems to be picking up, tenants can often find other things to spend [...]

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Should we be taking applications for consent to assign a lease more seriously?

There seems to be a fairly wide-spread view that asking a Landlord for consent to assign a lease can be dealt with quite informally, perhaps by a quick e-mail. However, tenants who want to take advantage of the assistance the [...]

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Residential landlords beware – the deposit rules now have teeth which really can come back and bite you

There has been much speculation since the Court of Appeal handed down its judgment in Superstrike Ltd v Rodrigues, but the initial widespread concern about the impact of the judgment has not yet been felt. Until the decision is tested [...]

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Please rest assured that OTB Eveling remains open for business in support of all of our clients during this difficult period. Our remote working capability is fully tested and secure. We would recommend that over the next few weeks, clients email their usual firm contact directly, although we will try to deal with any calls coming through the main line as soon as possible. For new or general enquiries, please email info@otbeveling.com