Case Law Update
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.
