Battles about Chattels Part 2 of 4 The cases on fixtures are not always easy to reconcile with each other, and disclose a lack of a real consistent principled basis for determining whether an article is a fixture or a chattel Reynolds v Ashby and Son Limited [1903] 1 KB 87, CA; [1904] AC 466, […]
What is a fixture or chattel?
Battles about Chattels Part 1 of 4 Classification – chattels, fixtures, landlord’s fixtures, tenant’s fixtures, fittings, part of the building If you visit an office building you will see a variety of things that, at one time or another, have been brought to the land. At one extreme there is the structure of the building […]
Break Clause cases
Recent Break Clause Cases (Part 2) NB This paper should be read in conjunction with Part 1, which summarises some of the mechanics of break clauses that often arise for consideration. PCE Investors Limited v Cancer Research UK [2012] EWHC 884 Facts: The break clause required T to pay the rents reserved by the lease up […]
Breaking a Lease -A Legal Perspective
Breaking a Lease Requires an Understanding of the Legal Pitfalls IN THE CONTEXT OF ANY COMPANY restructuring or reorganisation, the presence of a break clause in one of the company’s leases is a valuable thing indeed. This will enable the tenant to move out of unwanted or over rented space. At the very least, if the […]
Break Clauses in Dilapidations
A review of recent decisions and developments relating to a break clause, including validity of notices, service and estoppel, compliance with conditions and giving vacant possession. Introduction The purpose of this paper is to review of some recent decisions relating to the exercise of break notices. The form of this paper will take two parts. […]
Dilapidations Protocol – Quotes for Surveyors
Since the formal adoption of the Dilapidations Protocol under the CPR, the issue of compliance or non-compliance with the Protocol has been a talking point and a bit of a battle ground in negotiations. The issue has created a lot of “heat” but little “light”. To help cut through this, dilapidations surveyors, in discussions with […]
Dilapidations Settlements – Do’s and don’ts
Where proceedings are issued but the claim reaches a dilapidations settlement beforehand, the lawyers will usually deal with the documentation of the settlement. However, the vast majority of dilaps claims settle without the need for court proceedings and the surveyors document the agreements. The following is a checklist for those situations: Do set out the […]
Dilapidations Terminology
Break Clause – specific clause within a lease, which allows a tenant to give notice to terminate the lease before full term. This may contain onerous provisions such as material compliance or giving vacant possession. Contract Administration – when a tenant opts to undertake some or all of the dilapidation works in order to mitigate […]
Common Law Damages and the Statutory Cap
At the end of the term, a landlord may find that he has a damages claim against the departed tenant. It has been conventional to differentiate between the common law measure of damages and the statutory cap on those damages.[1] The Basic Common Law Measure At common law, damages comprised COST OF – BETTERMENT […]
Dilapidations Protocol – A Landlord and Tenant Update
The Dilapidations Protocol was adopted in January 2012. This article reflects on the twelve month following adoption and looks at what this means to Landlords and tenants. Author; Ciara Fairley, Falcon Chambers, 27th February 2013 The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a […]