header-logo header-logo

23 July 2009 / Julian Sidoli Del Ceno
Issue: 7379 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Actions not words

Julian Sidoli del Ceno explains the concept behind surrender by operation of law

 

It can often be difficult at the end of all relationships and legal relationships such as that between landlord and tenant are no different. What begins with a courtship and can often seem to be an ideal, mutually beneficial relationship to both parties too often ends in acrimony.

In these difficult economic times there is even more propensity than usual for tenancies to come to an end before their natural life cycles. It is vital that landlords and their legal advisers know what options are open to them and how best to conduct these often difficult and tactical manoeuvres which tend, in reality, to be a mixture of both legal procedure and business tactics.

Surrender by operation of law

Tenancies can end by merger. This is where the two legal estates of leasehold interest and freehold interest are merged together in the same person, be it an individual or company.

This is usually the case where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll