Case Study: A call for change in times of uncertainty

Shepherd and Wedderburn LLP | Property Law Journal | February 2012 #284
Kathleen Fitzgerald reviews the findings of the Supreme Court on a lease with an uncertain term, and compares the Scottish position ‘The court in Berrisford v Mexfield Housing Cooperative Ltd [2011] recognised the long-established view that an uncertain term rendered an agreement incapable of being a tenancy in the sense of being “a term of …

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Case Round-Up: What’s new?

Hogan Lovells | Property Law Journal | February 2012 #283
Paul Tonkin summarises recent case law developments ‘A tenant was not expected to think about or enquire into the landlord’s reasons for serving an otherwise unambiguous notice. In any event, the tenant might reasonably have concluded that the landlord had changed its mind since sending the first letter.’The following provides an overview of some of …

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Leases: Uncertainty of term

Osborne Clarke | Property Law Journal | December 2011 #281
In considering Berrisford v Mexfield, the Supreme Court has expressed its view on the current, unsatisfactory, legal position where a lease or tenancy agreement has been created for an uncertain duration. Carl Roche investigates ‘If the view of the Supreme Court is followed, imperfect tenancies will no longer give rise to implied periodic tenancies. Instead …

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