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Real Estate & Property Law
Property Litigation
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at those interested in commercial and residential leases and those with an insolvency bent to their practice. The podcast aims to explore a trend in a series of recent cases that strengthen the hand of landlords over tenants including the technical area of exercising a break clause, deposit protection and the ranking of rent as an expense in an administration procedure. The podcast also looks at the remedy of forfeiture, particularly the right to re-enter a premises used for illegal or immoral purposes and the importance of context.

After completing the course you will:
  • Have had some guidance on the circumstances in which a break clause will be personal to the parties to a lease;
  • Understand the importance of ascertaining precisely when a break clause has been triggered;
  • Be aware of the perils of serving notice on a Landlord or Tenant that has changed its name or identity;
  • Be aware of the dangers in a Landlord inadvertently accepting a defective notice by a Tenant;
  • Understand the importance of the local environment when assessing whether the stigma attaching to property arising from a breach of user covenant against illegal or immoral user;
  • The circumstances in which a court may be sympathetic to granting relief from forfeiture;
  • Know the extent to which a Tenant has a right to use airspace above a demised property;
  • Be aware of the greater latitude given to Landlords to comply with the obligation to protect a Tenant’s deposit and the relevance of timing in such cases;
  • Be aware of the importance of rent and other expenses ranking in an administration and the impact of the case of Goldacre v Nortel Networks in this regard.
Intermediate Difficulty: 3 of 5
Case Update
Sources and References:
  • Linpac Mouldings v Aviva [2010] L&TR 10;
  • Dominion Corporate Trustees v Debenhams Properties [2010] EWHC 1193 (Ch);
  • Hotgroup v RBS [2010] 2 P&CR DG23;
  • Hexstone Holdings v AHC Westlink [2010] 2 EGLR 13;
  • MW Trustees Limited v Telular Corporation [2011] EWHC 104 (Ch);
  • Daejan Investments v Benson [2011] HLR 21;
  • Patel v K&J Restaurants [2011] L&TR 6;
  • Rosebery Ltd v Rocklee Ltd;
  • Housing Act 2004;
  • Tiensia v Vision Enterprises [2011] HLR 10;
  • Gladehurst Properties v Hashemi [2011] EWCA Civ 604;
  • Hackney LBC v Findlay [2011] HLR 15;
  • Henley v Bloom [2010] 1 WLR 1770;
  • In re Lundy Granite Company (1871) LR 6 Ch 462;
  • Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2009] EWHC 3389 (Ch);
  • Cheshire West and Chester BC v Springfield Retail Limited [2010] CSOH 115;
  • Re Levi & Co Ltd [1919] 1 Ch 416n.

This podcast is a round-up of some recent interesting developments in landlord and tenant law. It will focus on break clauses and how to exercise the rights conferred by one, tenancy deposit protection and insolvency within the landlord/tenant relationship – particularly the ranking of rent as an expense in an administration.

Podcast added: 12/07/11

Podcast last reviewed: 2012-07-30

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