Landlord & Tenant Case Report – April 2010

Podcast Location:

Sorry, this podcast has been removed as it is now out of date

Categories:

Commercial Property
Residential Property

CPD Points:

Up to 1 point. details »

Cost:

• a) £69+VAT for this CPDcast only
• b) £325+VAT for unlimited access to all of our podcasts. details »
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Length:

30 minutes of audio
(+ optional 5 minute online quiz)

Plays on Computer:

Yes Downloadable as MP3:    Yes

Contributor(s):

• James Sheedy

Course Aims:

This podcast aims to examine a number of recent landlord and tenant decisions that touch on a range of issues affecting lawyers who advise in this area. Attention will be given to a recent Tribunal decision on the recoverability of costs for 'improvement works' and the meaning of that term. For practitioners advising on rent reviews, the case of Idealview v Bello is salient as setting out the reasons why a tenant was liable to pay rent following a 14 year late review. The podcast will also address the recent case of Agricullo v YHL which concerned the recoverability of enforcement costs against a defaulting tenant. The final case in this update looks at the scope of fraudulent misrepresentation within the landlord and tenant context.

Outcomes:

After completing the course you will:

• Understand the significance of the word "improvement" in the Craighead tribunal decision;
• Know the issues in the Idealview v Bello case and the reasons why the tenant was obliged to pay backdated rent following a delayed rent review;
• Understand potential the impact of an arbitration clause in a rent review;
• Understand the importance of the Landlord's conduct when seeking to enforce a s.146 notice on the recoverability of his costs;
• Know what wording is likely to be deficient in a standard form lease for recovering enforcement costs;
• Appreciate the High Court's ruling on the approach to be taken in fraudulent misrepresentation cases following FoodCo UK v Henry Boot Developments Ltd [2010].

Level:

Intermediate

Classification:

Case Update

Sources and References:

• Craighead v Homes for Islington Ltd & Anor [2010] UKUT 47 (LC);
• Holding and Management Limited v Property Holding and Investment Trust plc [1990] 1 All ER 938;
• Postel Properties Limited v Boots The Chemist Limited [1996] 2 All ER 60;
• Minja Properties Limited v Cussins Property Group plc [1998] 2 EGLR 52;
• Postel Properties Limited v Boots The Chemist Limited [1996] 2 All ER 60;
• Idealview Ltd v Bello [2009] EWHC 2808 (QB);
• United Scientific Holdings v Burnley Borough Council [1978] AC 904;
• London & Manchester Assurance Co Ltd v G A Dunn & Co [1982] 265 EG 39;
• Amherst v James Walker [1983] 1 Ch 305;
• Limitation Act 1980 s19;
• Arbitration Act 1996;
• Agricullo Ltd v Yorkshire Housing Ltd [2010] EWCA Civ 229;
• Leasehold Property (Repairs) Act 1938;
• Law of Property Act 1925 s146, 147;
• Investments Limited v Blackhawk Automotive [2004] EWHC 3052 (TCC);
• FoodCo UK LLP and others v Henry Boot Developments Ltd [2010] EWHC 358 Ch;
• Misrepresentation Act 1967 s2;
• Tudor Grange Holdings Ltd v Citibank NA [1992] Ch 53;
• Spice Girls Ltd v Aprilia World Service BV [2002] EWCA Civ 15;
• Jaffray v Society of Lloyds [2002] EWCA Civ 1101.

Tags:

• Landlord & Tenant,
• Property Law,
• James Sheedy

This podcast looks at the facts and dicta of 4 recent landlord and tenant cases: Craighead v Homes for Islington Ltd [2010] on service charges, Idealview Ltd v Bello [2009]] on rent reviews, Agricullo Ltd v Yorkshire Housing Ltd [2010] on repairing covenants, FoodCo UK LLP v Henry Boot Developments Ltd [2010] on misrepresentation.

Podcast added: 19/04/10

Podcast last reviewed: 2011-04-26

This course has now been removed from the site. It is no longer suitable for CPD purposes as it contains information that is out of date or incorrect. For a list of our latest CPDcasts, please visit the library.