Landlords’ works and tenants’ rights: A balancing act

Mark Shelton considers how to protect a landlord’s rights of access to carry out works while protecting tenants’ rights The word ‘quiet’ has the potential to mislead, suggesting disturbance caused by noise, such as the noise of building works. The covenant is concerned with disturbance in a much broader sense. Leases will often contain rights …
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Interpretation of leases: An erroneous construction

Tiffany Scott QC and Charlotte Black interpret the Supreme Court’s reversal of the unanimous Court of Appeal decision on the question of reasonableness in Sequent Nominees ‘The majority held that the courts below had treated the question whether consent had been unreasonably refused as effectively determined by an erroneous construction of the lease.’ In Sequent …
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Easements: Protect it or lose it!

Gillian Baxter reflects on when an informally created easement is enforceable against a purchaser of the land over which it is exercised ‘To provide greater certainty, the Land Registration Act 2002 reduced the number of unregistered rights that bind a purchaser, making it even more important that easements are protected on the register.’ A recent …
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