Proposition: modern leases of commercial property rarely, if ever, attempt to provide in a balanced and equitable way for the treatment of inherent defects. I am available to advise on the issues covered by the following blog post, and any other issues concerning Property Law, including planning, compulsory purchase, easements, restrictive covenants and anything else […]

Proposition: (1)  A tenant under a business lease can always (and at any time) remove chattels owned by him; (2)  where an item is not a chattel but a fixture it forms part of the premises demised by the lease; (3)  fixtures which qualify as “tenants’ fixtures” (sometimes called “trade fixtures”) may (subject to the […]

Proposition: (1)  The right of a tenant to break a lease of business premises before the end of the contractual term should not be subject to any precondition other than that the tenant is up to date with the principal rent, gives up occupation and leaves behind no continuing subleases.

Proposition:   (1)  Where a restrictive covenant is expressed to be for the benefit and protection of so much of the seller’s adjoining or adjacent land as is capable of being benefitted, the court normally starts with the assumption that the restriction is capable of doing so. (2)  The burden on the person who seeks to […]

Proposition:   (1)  A right of pre-emption (or “first refusal”) does not (unless granted in relation to registered land after 13th October 2003) create an immediate interest in land; and

Proposition:  Where a long development lease permits multiple redevelopments, the lease should require a developing tenant to provide the landlord with security before commencement of the redevelopment.

Proposition:   Where, for the purposes of s.3 of the Prescription Act 1832, a right to light is enjoyed by the dominant tenement as a result of a consent or agreement in writing made or given by the owner of the servient tenement, it is likely that, in the majority of cases, a successor in title […]

Proposition:  Whilst an absolute prohibition, in a lease of business premises, against redevelopment or the carrying out of structural alterations is not effective, it may be possible to allow redevelopment subject to conditions.

Proposition:  A covenant by a tenant under a lease to indemnify the landlord should (if included at all) be limited to third party liabilities incurred by the landlord as a result of the tenants’ failure to comply with specifically identified existing liabilities; it should not provide another remedy for the landlord alternative to the landlord’s […]

Proposition:  In certain circumstances, an express covenant by the tenant to keep the fabric of a building in repair need not in itself prohibit complete demolition and rebuilding.