Legal Article
05 Dec 2019
The law Unless a lease is contracted out, a business tenant has a right to a new lease upon expiry of their contractual term, subject to limited grounds. Section 30 (1) (g) of the Landlord and Tenant Act 1954 contains an 'own occupation' ground. This allows a landlord to refuse the…
Dispute Resolution
Legal Article
29 Nov 2019
Background We recently acted for an organisation which received notification of a claim pursuant to the Pre-Action Protocol for Defamation (now replaced by the pre-action protocol for media and communications as of October 2019). It was alleged that during the course of the two day conference a…
Dispute Resolution
Legal Article
26 Nov 2019
Sequent Nominees Ltd v Hautford Ltd [2019] UKSC 47 What happened in this case? This case concerned a six-storey building let to the tenant. The lease provided that the tenant may not apply for planning permission without the landlord's consent, which must not be unreasonably withheld…
Dispute Resolution
Forbes News
26 Nov 2019
This article examines what happens when a lease ends and the situations where it is beneficial to serve a notice under Part II of the Landlord and Tenant Act 1954 ("The 1954 Act"). We are often instructed by commercial landlords to serve 1954 Act notices after a lease has expired and…
Dispute Resolution
Legal Article
25 Nov 2019
Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 2109 (TCC) What happened in this case? The Claimant succeeded at trial in a claim for damages in the sum of £802,475.33 and interest of £77,372.41. The Claimant succeeded on a claim concerning a bridge, but lost…
Dispute Resolution
Legal Article
25 Nov 2019
The third instalment in our series of practical guidance for Landlords continues on with the theme of forfeiture, more specifically the issue of landlord's waiving the right to forfeiture. Scenario: a commercial property is let out to a tenant under a commercial lease with the rent payable on…
Dispute Resolution
Legal Article
21 Nov 2019
Kamran Naqvi v (1) Harris Cartier Limited (In Liquidation) (2) Richard Slade & Co (3) Jeffrey Bacon (4) Brian Levy [2019] EWGC 3042 (QB) What happened in this case? The Claimant brought an action for damages for professional negligence against the Solicitors and Barrister who acted for…
Dispute Resolution
Legal Article
15 Nov 2019
Just as an administrator of a SIPP or SSAS has duties to the trust, a solicitor instructed on behalf of the trust has a duty of care. Forbes have experience acting on behalf of pension funds against their former lawyers for failing to spot a defect in the title, such as a restrictive covenant or a…
Dispute Resolution
Legal Article
08 Nov 2019
Overview Forfeiture is where a land owner takes back possession from a tenant due to a breach. The court has the power to grant relief from forfeiture to a tenant of a lease. This case examines the ability of the Courts to grant relief where the occupier holds a licence, as opposed to a lease…
Dispute Resolution
Forbes News
01 Nov 2019
In the second of our series of practical guidance on common landlord problems, we look at the issue of forfeiture of mixed-use premises. Scenario: the landlord owns a mixed-use property let out to a tenant under one lease. The property comprises of a shop on the ground floor and a flat upstairs,…
Dispute Resolution
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