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Landlord & tenant update

185051
A zoo that never materialised, misrepresented restaurant ventures & the question of a tenant’s ‘principal’ home. Edward Peters KC & Ashpen Rajah discuss three useful new cases
  • Case one: when and how waiver of forfeiture can take place.
  • Case two: opposition by misrepresentation, where a commercial landlord was held to be liable to its former tenant, McDonald’s, under s 37A of the Landlord and Tenant Act 1954.
  • Case three: the question of whether residential premises are a tenant’s ‘only or principal home’.

The steady stream of new landlord and tenant authorities flows apace, as it has done for centuries; and from the almost infinite variety of disputes that can arise between landlords and tenants, we have selected three interesting and useful new cases on the following legal issues: the ever-important, but sometimes overlooked, law of waiver of forfeiture; opposing a Landlord and Tenant Act 1954 business tenancy renewal by misrepresentation; and how to establish whether a dwelling constitutes a tenant’s ‘home’ and ‘principal home’.

Waiver of forfeiture:

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
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Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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