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David Richards
 

Beware! Guarantors ability to walk away

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Landlords need to be aware that when they have a Surety Guaranteeing, for example, a tenants obligation in a Lease, that it is possible to undermine that protection by reaching further agreements with the Tenant. If there is any variation to the terms...

Unusual Break Clause Pitfall

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Break Option Pitfall It is an established legal principle that when a lease comes to an end any under lease will automatically terminate. Under The Act a tenancy created by an under lease will continue against the landlord due to security of tenure. In...

Moving rights of way

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The case of Shaw –v – Grouby & Another [2017] EWCA CIV233 Among other issues this case considered what was “necessary” for access under a right of way. The article explores this issue. Background...

Supreme Court holds that Tenant's Human Rights were not Breached

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The case - McDonald v McDonald [2016] UKSC28. The Supreme Court was asked to reinterpret Section 21(4) of the Housing Act 1988, which provides that a Court shall make a Possession Order where proper Notice has been served, to be subject to a...

Commercial Landlords beware!

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Relief from Forfeiture can be successful after 14 months delay Forfeiture of commercial properties can seem far more straightforward than those of residential. In particular, the ability to use peaceable re-entry means that...