A lesson in leasing

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By Michael Callaghan and Melissa Barker The Law Commission has issued a substantial consultation seeking to improve the manner in which the commonhold system operates and to persuade existing leaseholders to move to a commonhold structure. Background Commonhold is an alternative to long leasehold ownership of property. Instead of a landlord and a number of tenants, […]

Court of Appeal has held that public policy interests do not justify the release of restrictive covenants

By Bill Howard, Michael Callaghan The Court of Appeal has held that public policy interests do not justify the release of restrictive covenants where a developer deliberately builds houses on land in breach of those covenants. Background Millgate, a property developer, obtained planning permission for, and then built, houses and flats on a development site. Part […]

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By Kirsty Black, Lucy Shepherd A landlord can defeat a lease renewal on development grounds only where it intends to carry out the works whether or not the tenant is in occupation. The Supreme Court has handed down its eagerly-awaited judgment in S Franses Ltd v The Cavendish Hotel (London) Ltd, the facts of which we covered in our […]

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Supreme Court: Rights to use sporting and leisure facilities can be easements

By Charlotte Walker, Alex Jones The Supreme Court has held that rights to use sporting and leisure facilities can be easements, even where some of the facilities were constructed after the date when the easement was granted. In our article Rights to use sporting facilities held to benefit landowners we reported on the High Court’s decision in Regency Villas […]

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