Sum you win sum you lose

Article Abstract:

A formula to calculate a landlord's claim against an insolvent tenant may make the procedure easier but difficulties will still emerge in determining the effect of reletting and the possible amount of uplift for rent reviews. A case heard in the UK Court of Appeal found that a landlord's claim against tenant, who had gone into solvent liquidation, should be calculated by taking away the sum of rent gained from reletting from the sum owed for reserved rents. The landlord was also able to make a claim for any necessary alterations before reletting.

United Kingdom, Laws, regulations and rules, Bankruptcy law

---

Litigation costs: charging through the back door?

Article Abstract:

Landlords of multi-occupancy property may be able to recover the cost of litigation with a particular tenant through service charges. Several court cases appear to show that the principle of recovery is accepted, although its effect is restricted. It is implied that landlords will be allowed to recover, via a service charge, that part of the costs of litigation that they cannot recover direct from the tenant.

Finance, Costs (Law), Legal fees

---

Dong Bang Minerva (UK) Ltd v Davina Ltd

Article Abstract:

A case is discussed which involves a tenant's claim for damages for a landlord's breach of statutory duty under the Landlord and Tenant Act 1988. It was ruled that a tenant is not required to include an undertaking for the landlord's costs, when seeking consent to a proposed transaction. It was also held that the 4,500 pound sterling demand for costs was unreasonable. Details of the case are given.

Dong Bang Minerva (UK), Davina

Similar abstracts:

• Abstracts: Set out your stall. Mediation of planning appeals
• Abstracts: Leasing as a lottery: implications for rational building surges and increasing vacancies. The fractal structure of real estate investment trust returns: the search for evidence of market segmentation and nonlinear dependency
• Abstracts: A hazardous ruling: the Service denies deductibility of asbestos mitigation costs. Deductibility of environmental cleanup costs: the debate continues
• Abstracts: Leasehold finance: a powerful tool. Shared appreciation mortgages: what you should know. The mortgage interest deduction: common pitfalls and misconceptions
• Abstracts: Silicon Saxony. UK location of choice for many US businesses. 3M grows in Poland

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.