Useful Case Law Flashcards
What was the outcome of the Burnley & Cheapside cases?
Unless stated in the lease or there are interacting clauses/ deeming provisions, time is not of the essence.
The landlord didn’t trigger the rent review clause until 13 years after it was able to in the lease but it was held that this didn’t matter.
What are the two cases on break clauses?
Riverside Park vs NHS - Tenant has not removed some possessions from the unit, therefore break was invalid.
Osborne Assets v Britannia Life - Tenant had not applied the coats of paint as specified in their lease - therefore break was invalid
Case law on forfeiture relief?
Keshwala vs Bhalsod - Former tenant requested forfeiture relief from the courts at the 5 month mark. This was rejected even though it was within the timeframe as the tenant hadn’t made the landlord aware they were going to do this.
What happened in Stokes vs Cambridge?
1961 compulsory purchase case - ransom strips should be measured at 1/3 of the GDV.
What was determined in the Street vs Mountford case?
Designated the difference between a lease and a license. Lease gives the tenant exclusive occupation
Ponsford vs HMS Aerosols
The lease had no provision for excluding tenant’s improvements, therefore they were taken into account at rent review (wasn’t listed in the disregards).
