Case Law Update

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Contents

This video has been produced via Zoom in light of the Coronavirus restrictions

A practical review of recent commercial property and landlord and tenant cases which currently includes:

• The Supreme Court on ‘reasonableness’: Sequent v Hautford
• The Debenhams CVA – forfeiture and future rent
• Proper exercise of rights of entry and inspection: New Crane v Dovener; Windsor-Clive v Rees
• Relief from forfeiture: the Supreme Court in Manchester Ship Canal; SHB v Cribbs
• Waiver – lessons from Brar v Thirunavukkrasu
• 1954 Act – contracting-out queries: TFS v BMG
• Reasonable endeavours – how hard must you work? Gaia v Abbeygate

Learning Objectives

By the end of the session the delegates will:

• Appreciate the impact of diminution in the landlord’s reversionary interest in the context of ‘reasonableness’ in withholding consent under a lease
• With regard to a landlord’s right to forfeit, be able to advise on the interplay with other remedies, the likely impact of tenant insolvency and the court’s current approach to applications for relief
• Understand what is required to exercise an entry right under a lease
• Be able to advise on whether the 1954 Act has been correctly excluded

Speaker

SARAH THOMPSON-COPSEY

Sarah Thompson-Copsey is a former property litigation partner at the City law firm now known as Dentons, handling all types of commercial property problems, but with an emphasis on avoiding & resolving commercial landlord and tenant disputes. Sarah now works as a freelance lecturer, trainer and author and lectures & writes regularly on commercial property topics, as well as providing independent auditing and consulting services for law firms.

Sarah is co-author of Tenants’ Pre-emption Rights: A landlord’s guide to the Landlord and Tenant Act 1987 (Jordans) and Mixed Use and Residential Tenants’ Rights: The Landlord and Tenant Act 1987 and Leasehold Enfranchisement, (Elsevier 2009). She is also on the property consultation board of Practical Law Company and a site editor for the Property Law website at www.propertylawuk.net.