Abstracts » Real estate industry

Waste not, want not

Article Abstract:

A judge hearing a case in the UK courts researched case laws as far back as 1293 before coming to his judgement. The case dealt the problem of whether a tenant could be considered to have liability for the deterioration in the condition of properties leased for a fixed term. Under the contract between the two parties the defendant tenant, Bromely London Borough Council, claimed it was obliged to pay no more than eight weeks' rent for damage to the property. The judge decided the council was liable to pay for permissive waste.

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What is reasonable performance?

Article Abstract:

Modern leases in the UK are likely to include provisions by which a tenant may opt to terminate at one or more points during a fixed term. Where an option to terminate is attached to certain preconditions, particular problems may arise. The courts demand strict adherence to suchpreconditions, making the option to break almost worthless. As a consequence, tenants are looking to ensure that any right to termination is free of preconditions.

Lessors of Apartment Bldgs, Tenants, Apartment building operators, Interpretation and construction, Laws, regulations and rules, Civil law, Apartment building landlords

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Secure accommodation

Article Abstract:

The UK government's 1998 Housing Act included a condition in which no more protected tenancies could be established after Jan. 15, 1989. But tenants who already had a protected tenancy under the Rent Act would remain protected. The Appeal Court heard a case where a tenant was offered a new property in a building where the landlord was the tenant. The court agreed the protected tenancy would still remain even when the superior lease had ended. The court also decided a protected tenancy would still exist even if the tenant leased another property owned by the same landlord.

United Kingdom. Court of Appeal

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