Landlord and tenant: A roundup of 2018

Forsters LLP | Property Law Journal | December 2018/January 2019 #367
Kathryn Copeland reviews the key developments in commercial landlord and tenant law in 2018 ‘The increase in CVAs has begun to cause a landlord backlash, most notably with House of Fraser’s landlords banding together to oppose the proposed CVA on the grounds of “unfair prejudice” and “material irregularity”.’ Spotlight on CVAs This year saw an …

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Consent to assign: Do two rights make a wrong?

DWF | Property Law Journal | November 2018 #366
Nerissa Hatcher considers the lessons that can be learned from a recent decision concerning assignment of a number of underleases ‘In the Court of Appeal, the point in question was whether WIQ had lawfully refused consent on a mixture of reasonable and unreasonable grounds.’ A provision in a lease preventing the tenant from assigning without …

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Case Round-Up 2016: Learning curve

Osborne Clarke | Property Law Journal | February 2017 #348
Ed Socha and Matthew Prendergast set out valuable lessons from key cases in 2016 ‘The purpose of a qualified covenant is to protect the landlord from having their premises undesirably occupied. A landlord is not entitled to refuse consent on grounds unrelated to the landlord and tenant relationship.’ With one eye on the future, the …

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