Get the facts straight
Humphreys, Emma
Get the facts straight - 2006 - Estates Gazette (0603) 21 January 2006, 116-117(2) .
The first of two "Mainly for students" articles (see also L132467) advises on the preparation and serving of notices in respect of leases. Surveyors and solicitors are often asked to serve notices for client landlords and tenants and this is likely to increase with recent changes under the Commonhold and Leasehold Reform Act 2002 and the Regulatory Reform (Business Tenancies) Order 2003. An invalid notice can have serious consequences, financial and otherwise and can give rise to a claim in negligence against the adviser. Covers the need to clarify the client instructions, the issues relating to the notice, the content of notices and the interpretation of deadlines. Lists relevant case law.
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
LANDLORD AND TENANT (COVENANTS) ACT 1995 S17
LAW OF PROPERTY ACT 1925 S 146
REGULATORY REFORM (BUSINESS TENANCIES) (ENGLAND AND WALES) ORDER 2003
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
PEER FREEHOLDS LTD V CLEAN WASH INTERNATIONAL LTD
SPEEDWELL ESTATES LTD AND ANOTHER V DALZIEL AND OTHERS
BARCLAYS BANK PLC V BEE
STARMARK ENTERPRISES V CPL DISTRIBUTION
Get the facts straight - 2006 - Estates Gazette (0603) 21 January 2006, 116-117(2) .
The first of two "Mainly for students" articles (see also L132467) advises on the preparation and serving of notices in respect of leases. Surveyors and solicitors are often asked to serve notices for client landlords and tenants and this is likely to increase with recent changes under the Commonhold and Leasehold Reform Act 2002 and the Regulatory Reform (Business Tenancies) Order 2003. An invalid notice can have serious consequences, financial and otherwise and can give rise to a claim in negligence against the adviser. Covers the need to clarify the client instructions, the issues relating to the notice, the content of notices and the interpretation of deadlines. Lists relevant case law.
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
LANDLORD AND TENANT (COVENANTS) ACT 1995 S17
LAW OF PROPERTY ACT 1925 S 146
REGULATORY REFORM (BUSINESS TENANCIES) (ENGLAND AND WALES) ORDER 2003
COMMONHOLD AND LEASEHOLD REFORM ACT 2002
PEER FREEHOLDS LTD V CLEAN WASH INTERNATIONAL LTD
SPEEDWELL ESTATES LTD AND ANOTHER V DALZIEL AND OTHERS
BARCLAYS BANK PLC V BEE
STARMARK ENTERPRISES V CPL DISTRIBUTION