In denial over tenancy

Article Abstract:

The UK Court of Appeal's handling of the case of Wroe v Exmos Cover Ltd focused on the way in which the respondent had managed its attempts to regain the premises of the Landlord and Tenant Act 1954. It was held that the adopted procedure did not function to prevent the recovery of possession.

Author: Murdoch, Sandi
Column

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Notice to quit and subleases

Article Abstract:

Relations between landlords and tenants may be complicated by the question of subleases. In principle these end when the main lease ends. There are a number of exceptions where the general rule is disregarded and these include Pennel v Payne relating to agricultural land. There are different types of tenancy and a lease may permit tenants to sublet, in which case the landlord finds himself in a different position with regard to subtenancies thus created.

Author: Murdoch, Sandi

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Original tenant liability in leases

Article Abstract:

Original tenants are responsible for the duration of the tenancy despite having transferred a lease to another party. This creates legal complexities when assignees have agreed to changes in the lease. Major changes do not necessarily lead to a regrant and deemed surrender, according to a decision by the UK Court of Appeal. This decision was made in 1995 in a case involving British Railways Board and Friends' Provident Life Office which emphasises the small number of circumstances under which a deemed surrender is accepted in law.

Author: Murdoch, Sandi
Offices of Lawyers, Legal Services, Subtenants

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Subjects list: Laws, regulations and rules, Real estate, Landlord and tenant, Landlord-tenant relations, Real estate industry
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