Speakers' Corner

A recent case led me to revisit the question whether a bank can be fixed with the effect of undue influence exercised by a husband over his wife (or wife over husband, but the former is more common) leading her to take on a joint liability to the bank with the husband.

A flurry of cases in recent months has led some commentators to question whether the courts are moving away from the presumption of reality in construing rent review clauses. Is that in fact the case, or are reports of its demise greatly exaggerated?

Obtaining a favourable outcome for a client involved in a property dispute very often depends upon the quality of the opinion evidence provided in support of their case. The most obvious instances are surveyors providing valuation evidence in the context of lease renewals and rent review arbitrations or surveying evidence in the context of dilapidation claims. More often than not, the outcome of the dispute turns upon how favourably the Judge or arbitrator views the evidence that each party provides. Consequently, it is essential to ensure that the expert evidence is of the best possible quality.

Notices are very important in the day-to-day life of a property lawyer. A client’s legal rights will frequently be exercisable by the service of a notice.

My current legal “pet hate” relates to residential service charges and the failure of the law to cater for a very common situation, namely a tenant-owned block of flats. I admit this is personal because I have first hand experience of the headache that comes with being company secretary but even professionally I have encountered many situations where the law just does not sit well with the way it is in “the real world”.

When is a landlord entitled to repair or replace an item and able to recover the cost via a service charge?

Cadogan Leisure Investments Limited (“Cadogan”) brought forfeiture proceedings against lessee Danovo Limited (“Danovo”), the company operating the Saatchi Gallery at County Hall. That action came to trial in October 2005 before Sir Donald Rattee, sitting as a High Court Judge. The outcome of the trial is well-known; the Judge found that Danovo was in breach, but he declined to grant relief. This article looks at the issues in the forfeiture proceedings, and the factors taken into account by the Judge in refusing to grant Danovo relief.

Both landlords and tenants can get entrenched in their relative positions in dilapidations cases, especially where one party wields more power or control i.e. where break clauses are involved.

s.18(1) of the Landlord & Tenant Act 1927 imposes a well-known cap on the damages recoverable by a landlord for disrepair at the end of a tenant’s term. In summary, the effect of this section is to limit recoverable damages to the diminution in value of the reversion.

Good Fences Make Good Neighbours