Case Law Flashcards
What is the relevant case law around ‘time of the essence’ in a RR.
United Scientific Holdings v Burnley Borough Council (1977)
Decision:
established that time limits will be strictly applied (i.e. of the essence) in a rent review clause if this is what the lease states.
Can a rent review be used in a hypothetical lease for a RR? Case Law
Yes
In British Gas Corporation vs Superannuation Scheme Limited (1986),
The court considered that in the absence of clear wording, future rent reviews in the actual lease should be considered in the hypothetical lease.
What should you assume if the term to be valued in a RR is silient Case Law
Assume the residue of the term.
In Basingstoke and Deane Borough Council v Host Group 1987,
It was decided that where a RR is silent on the hypothetical term, the residue of the of the term is to be assumed.
What is the relevant case law relating to Calderbank Offers?
Calderbank v Calderbank 1975
Are there circumstances where an IED was held not to be biding?
Yes
In Level Properties Ltd vs Balls Brothers Ltd (2007)
It was held that the IED was not binding due to misinterpretation of the RR clause.
What is the leading case related to Expert Witness?
National Justice Compania Naveira SA v Prudential Assurance Company Ltd.
Can an Expert Witness be sued? Case Law
Yes
Following Jones v Kaney (2011),
An expert witness can be sued for negligence.
Does a tenant always have to issue a section 27 notice when they plan to vacate?
No
In Esselte AB v Pearle Assurance plc 1997
It was held that If the tenant moves out prior to lease expiry, no noticed needs to be provided if property is vacant.
What is the relevant case law around redevelopement gorunds of section 30.
S Franses Ltd v The Cavendish Hotel (London) Ltd, 2017
It was held that the landlord has to prove a firm and settled intention to carry out the works.
What is the relevant case law around the reocccupation gound of section 30?
Associated British Ports v Humber Oil Terminal Trustees 2012
Held that a landlord does not have to renew the lease on grounds that they have clear intentions to occupy the property.
What is the relevant case law regarding varying a lease to reflect ‘modern lease terms’?
O’May v City of London Real Property Co (1982)
4 principles test:
- valid reason on estate management grounds
- must be compensateable by a change in rent
- must not affect security of tenure
- must be reasonable
Is there any relevant case law relating to sweeper clauses?
Dell vs 89 Holland Park 2023
It was held that the courts are likely to interpret service charge sweeper clauses restrictively.
What is the relevant case law around vacant possession?
NYK Logistics (UK) Ltd v Ibrend Estates BV [2011]
the Court of Appeal held that a tenant had failed to give vacant possession because its workmen remained in the property to complete repairs.
Capitol Park Leeds plc v Global Radio Services Limited [2020]
Court of Appeal overturned the earlier decision determining that a condition for vacant possession requires the tenant to return the property to the landlord free from people, chattels and legal interests, rather than being concerned with the physical state or condition of the premises.
