Podcast Location:
Download it here [file size: 20.1 MB]
Categories:
Commercial Property
Residential Property
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
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 Difficulty: 3 of 5
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:

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

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