Education & Training Resources

In an ever changing market proposed property sales frequently become the subject of disputes, whether by those seeking to withdraw from a deal or those seeking to enforce it. This seminar will explore some of the interesting issues that might arise in such disputes with reference to recent cases.

In March 2009 Snooze Limited (“Snooze”) leased a warehouse on the outskirts of Coventry to Dash Limited (“Dash”) for a term of 10 years. Dash was a company which was in the business of parcel delivery. It used the warehouse to store orders purchased by customers until they could be collected by freelance drivers. The main administrative workforce operated from Dash’s registered office in the city centre.

When is receipt taxed as income?

Anyone who has watched television, or, for that matter, been outside, will know that the telecommunications market is in a constantly evolving state.

“Bring Me Sunshine” The scenario below is based on a development in central London, although it could be set in any other City in England and Wales.

Claims against tenants for damages for terminal dilapidations routinely include an amount for loss of rent, usually formulated by reference to the income said to have been foregone during the period reasonably necessary for carrying out the requisite repair works. In practice, such claims do not often succeed. What are the applicable legal principles?

The answer to the question: “No documents-what next?” of course very much depends on the context in which you ask it. One might for example have to give a very different answer if one had just been involved in a car accident than one might give if stopped in the street by a policeman in North Korea.

Mixed use is most certainly in vogue. We constantly read about new gleaming mixed use developments where developers have residential properties usually situated above offices, shops, restaurants or even hotels. In many respects this is nothing new and is a return to the pre Victorian way we lived.

Amanda Gourlay’s expertise in landlord and tenant law covers the right to manage, appointment of a manager, breaches of covenant, forfeiture and associated insolvency. She is the voice behind Law and Lease, the blog which she created in 2012 to record and comment – with dry humour and occasional irreverence – on service charge decisions. Notable cases in which Amanda has appeared include: Church Commissioners v Koyale Enterprises [2012] 2 EGLR 42 and Chowdhury v Bramerton Management Company Ltd [2014] UKUT 260 (LC). Amanda appears regularly in the FTT and has a growing Upper Tribunal practice.

The authorities on the 1954 Act are a bit like buses. Nothing for ages and then two at once. This year the Court of Appeal has heard two appeals concerning the proper application of the “fault based” grounds of opposition set out in section 30(1)(a) to (c) of the Act. In both cases the landlord succeeded in opposing the grant of a new tenancy on ground (c) by reason of the tenant’s previous conduct.