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Caroline Shea

A case approach to the right of re-entry

25 June 99

Peaceable re-entry The Lomax case demonstrated that an administration petition doesn't restrict peaceable re-entry for landlords Landlords should note that not all 'self-help' remedies are given such a lenient treatment by the insolvency legislationIn Re Lomax Leisure Ltd (The Times, 4 May, Neuberger J), the case turned on whether a…

Taking the sting out of lease renewals

30 April 99

Evidence in lease renewals The permitted user, frequency of rent review and the length of term may have an impact on rent to be paid under a new tenancy Many county court judges are unfamiliar with the jargon used by valuers: language used by experts should be simple, clear and…

Kleinwort Benson: a catch-22 decision?

12 March 99

Recovery of money paid under a mistake Before the Kleinwort Benson case, it was believed that payments to a landlord made under a mistake of law could not be recovered by tenants The law is now clear, but as the subsequent Nurdin & Peacock case shows, there are still points…