Brierley & Coe News

Grounds for Landlords to oppose renewal

CMS Cameron McKenna reports on the recent decision in Youssefi -v- Musselwhite [2014] EWCA Civ 885 which provides useful guidance for landlords when looking to oppose the grant of a new lease on the ground of substantial breaches by the tenant of its obligations under the current tenancy or for any reason connected with the tenant’s use or management of the holding.

This case demonstrates that, while there is a high… read the rest of “Grounds for Landlords to oppose renewal”

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Break options – Pre-conditions strictly applied

The important implications of recent case law on the strict interpretation by the courts of break option conditions has been provided by Taylor Wessing.

Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382

Summary

The Court of Appeal has held that a tenant's break notice was invalid, as it did not comply precisely with the mandatory requirements of the break clause in the lease.… read the rest of “Break options - Pre-conditions strictly applied”

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Permitted Development Rights – New Rules April 2014

In addition to the radical  Residential Permitted Development Rights granted in 2013, a number of new permitted development rights for England have been introduced by the Government. This allows for certain changes of use to be made without recourse to planning and took affect from 6th April 2014.

Subject to certain criteria the new PDR's allow for:

* Conversion of agricultural buildings to residential use if no more than… read the rest of “Permitted Development Rights - New Rules April 2014”

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Dilapidations claims & Part 36 offers

Dilapidations claims & Part 36 offers:

A miss is as good as a mile (source Taylor Wessing real estate disputes team 0207 300 4199)
Hammersmatch Properties (Welwyn) Limited v (1) Saint-Gobain Ceramics and Plastics Limited (2) Saint-Gobain Abrasives Inc [2013] EWHC 2227 (TCC)

Summary
The Court had been asked to make a costs order following its earlier decision on a terminal dilapidations claim. The decision is… read the rest of “Dilapidations claims & Part 36 offers”

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