Abstracts » Real estate industry

Double or quit

Article Abstract:

The decision of the Court of Appeal in Ballard (Kent) Ltd v Oliver Ashworth (Holdings) Ltd gives a valuable insight into the circumstances in which a valid claim for double rent can be made under the Distress for Rent Act 1737. Under section 18 of this legislation, the landlord is entitled receive double rent until the date on which the tenant vacates if the tenant services a notice terminating the tenancy and then fails to deliver possession on the date given in the notice. It was ruled that this section only applies if the tenant holding over after his own notice to quit is a trespasser and if the landlord treats him as a trespasser.

Laws, regulations and rules, Column, Landlord and tenant, Landlord-tenant relations

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Some you win...

Article Abstract:

There were a number of legal decisions with considerable significance for the UK real estate industry in 1997. Difficulties were caused for landlords by a Court of Appeal ruling that a personal right to break is not lost until an assignment of a registered lease is completed by registration at the Land Registry, while the House of Lords ruled against the Court of Appeal's view that an injunction should now be available to enforce a 'keep open for trade' covenant. In another case, a judge ruled that, where a valuer knows that the subject property has recently changed hands, all reasonable steps must be taken to uncover the price.

Real Estate, Real Estate and Rental and Leasing, Cases, Real estate industry

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