The power of speech

Article Abstract:

The case of Parc Battersea Ltd v Hutchinson raised the issue of whether a purely oral transaction can take effect as an assignment by operation of law. The judge ruled that it could, and the defendant therefore lost the statutory protection he would otherwise have had under Part II of the Landlord and Tenant Act 1954. This ruling was ultimately determined by the tenant's error in granting an excessively long sublease. If a contracted-out tenant grants a genuine sublease, the landlord faces problems if this is not discovered until after the expiry of the headlease.

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Upwards or downwards reviews

Article Abstract:

Unclear drafts of rent review clauses give tenants an opportunity to call for their rent to be reduced. This occurs when the clause does not include a provision stating that the rent can be raised at review. Most modern clauses state that reviews can only increase the rent.

Administration of Housing Programs, Rental Regulations, Housing policy, Rent control

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Fatal detraction

Article Abstract:

A description of an English legal case is presented concerning the rights of a tenant to carry on his business when the landlord imposes difficult conditions, with focus on how this case clarifies the law on non-derogation.

Cases, Leases

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