Case Round Up

Paul Tonkin summarises recent case law Mortgagee’s losses on fraudulent sale Godiva Mortgages Ltd v Khan [2012] In this case, Godiva lent £321,750 to Mrs Khan in the belief that it would acquire a legal charge over a property that she was purchasing. In fact, it transpired that there was no purchase as the purported …
This post is only available to members.

Case Update: Assigned but not registered

A recent complex case called for the judge’s interpretation of a lease that was assigned and not duly registered. Rosemary Herbert unravels the issues. ‘The definition of ‘assignment’ for the purposes of the 1995 Act includes equitable assignments, assignments in breach of covenant or by operation of law.’ At the end of July, Arnold J …
This post is only available to members.

Landlord And Tenant Act 1988: Should they stay or should they go?

Nitej Davda and Tom Evans review the obligations imposed on landlords by the 1988 Act when considering applications for consent to assign or sublet a lease ‘The recent decision of E.ON UK plc v Gilesports Ltd [2012] suggests that provisions in leases relating to the service of notices will apply to applications for consent for …
This post is only available to members.