Case Law Flashcards
What case law refers to time of the essence?
United Scientific Holdings vs Burnley Borough Council (1977)
Where house of lords decided where lease is silent on time of essence then is not of the essence
What case law refers to the hypothetical term?
Norwich Union vs Trustee Savings Bank (1986)
RR was silent on hypothetical term
Presumption of reality applies
Deemed to be the residue term
What case law relates to Rent Reviews in hypothetical lease
British gas vs Super Annution Scheme (1986)
Where no clear wording then future rent reviews in the actual lease are accounted in the rent
Which case law refers to successful headline rent wording?
Broadgate vs Lehman Brothers (1995)
Rent reviewed to rent after rent frees have expired e.g. £56 + 6 months rf would be £56 not the NER
What case refers to grounds for L to refuse lease renewal?
Frances vs Cavendish (2018)
- ground (f) - redevelopment - L opposed Lease Renewal
- works were insufficient for grounds
- created the acid test to check that the L would still do the works if the Tenant left anyway and intention must be genuine.
What case defends potential negligence
Titan vs Colliers
- High court found colliers liable that valuation had been outside +/-15% error margin
- Court of appeal found not negligent because value was actually higher so within +/-15% margin
Which case law refers to the 4 tests to vary lease terms at lease renewal to reflect “modern” lease terms?
O’May V City of London 1982
What 4 principle test is there for lease renewals to change lease terms to make them more modern under O May vs City of London?
L valid reason on estate management terms
Change proposed must be compensated by rent
Change must not materially adversely affect tenants security of tenure
Must be reasonable
Recent piece of case law
EMA v Canary Wharf
- Brexit did not frustrate the lease
