The following Property Q&A provides comprehensive and up to date legal information covering:
This Q&A raises the issue of the remedies which a landlord may pursue when a tenant breaches the covenants of a lease and the time limits within which it must be done.
In this Q&A it is assumed that the lease is of commercial premises. This is because when the lease is of residential premises further hurdles must be met by the landlord before the right to forfeit the lease can be exercised. This point is returned to below.
Most long leases of premises contain a covenant not to make alterations to the demised premises. This is understandable. A landlord might wish to ensure the structural integrity of other parts of the building which it owns or holds under a lease with liabilities to a superior landlord. The landlord might want to prevent a tenant making changes which although suiting its needs will make it quite unattractive to any other tenant, thereby affecting the extent to which they might be re-let. Quite often it will be a partial restriction in that the tenant may not make alterations without first obtaining the permission of the landlord, often by submitting plans for approval. It might be subject to a further obligation that when alterations are carried out pursuant to the consent which is given, the tenant will reinst
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Issue estoppel is a sub-species of the res judicata doctrine (see Practice Note: The doctrine of res judicata). In addition to the general key requirements for establishing a res judicata (see Practice Note: Key requirements to establish a res judicata), this Practice Note considers the specific
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Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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