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Legal update

7 April 2021 Real estate quarterly update - January to March 2021

Read more about our latest real estate update aimed at in house lawyers (and other professionals) practising in the property and real estate sector.

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Legal update

7 April 2021 Faiz and others v Burnley Borough Council [2021] EWCA Civ 55

The demand and acceptance of rent with knowledge of a breach of covenant will waive the right to forfeit if the rent accrued due after the breach but before the landlord had knowledge of the breach.

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Legal update

7 April 2021 Criterion Buildings Ltd v McKinsey & Company Inc. (United Kingdom) and another [2021] EWHC 216 (Ch)

A landlord’s subjective determination of the ‘fair proportion’ of its total costs payable by the tenant by way of service charge could not be challenged by the tenant.

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Legal update

7 April 2021 Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and another [2021] EWCA Civ 90

An agreement under Part 4 of the Electronic Communications Code 2017 could not be imposed in favour of an operator who was holding over under section 24(1) of the Landlord and Tenant Act 1954 when the Code came into force.

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Legal update

7 April 2021 Bernel Ltd v Canal and River Trust [2021] EWHC 16 (Ch)

A developer was unable on the facts to establish a right to drain onto its neighbour’s land without permission.

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Legal update

4 January 2021 Sara & Hossein Asset Holding Ltd v Blacks Outdoor Retail Ltd [2020] EWCA Civ 1521

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease.

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Legal update

4 January 2021 Capitol Park Leeds Plc v Global Radio Services Ltd [2020] EWHC 2750 (Ch)

A tenant who handed back an empty shell of a building had not complied with a condition of its break option to give vacant possession of the property.

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Legal update

4 January 2021 The Alexander Devine Children's Cancer Trust v Housing Solutions Ltd [2020] UKSC 45

The Upper Tribunal was wrong to allow restrictive covenants to be modified where a development was deliberately and cynically carried out in breach of those covenants.

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Legal update

4 January 2021 Real estate quarterly update - October to December 2020

Read more about our latest real estate update aimed at in house lawyers (and other professionals) practising in the property / real estate sector.

View legal update

Legal update

4 January 2021 Pullman Foods Ltd v The Welsh Ministers and another [2020] EWHC 2521 (TCC)

A tenant was in breach of a yielding-up covenant by failing to remove asbestos from a site.

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