Comment: Less abstraction and more clarity

University of Greenwich | Property Law Journal | September 2015 #334
Mark Pawlowski questions the usefulness of legal fictions in leasehold law ‘What is clear is that the conduct of the reasonable man is not established by the evidence of witnesses, but by the application of an impersonal legal standard by the court.’ A recurring concern among legal practitioners is the fear of uncertainty in our …

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Case Law Round-Up: A kaleidoscope of cases

Osborne Clarke | Property Law Journal | February 2015 #328
Alexandra Foxon and Gary Lawrenson summarise their highlights of 2014 focusing on commercial landlord and tenant cases ‘When negotiating new leases, express apportionment clauses are a “must have” for tenants.’ As we begin the new year, it is a good time to reflect on decisions that grabbed the headlines in the real estate world in …

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Break Clauses: Precision is key

Forsters LLP | Property Law Journal | June 2014 #322
Will the latest Court of Appeal decision leave tenants at breaking point? Helen Pickard considers the recent case of Friends Life ‘In Friends Life, Lewison LJ determined that while the meaning of the notice was clear and correct in all regards, the form of notice was non-compliant. There had to be strict compliance and, on …

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Break Clauses: Tenants take note

Osborne Clarke | Property Law Journal | November 2013 #316
Although the recent decision in Siemens Hearing appears to provide comfort to tenants whose break notices do not comply with the lease terms, Vanessa Babington argues that caution is still required ‘With an economic climate making many landlords eager to frustrate a tenant’s break, if anything, the judgment should act as a reminder of the …

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