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15 April 2010 / Malcolm Dowden , Emma Humphreys
Issue: 7413 / Categories: Features , Property
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Driven to litigate

Emma Humphreys & Malcolm Dowden on penalising a landlord for negotiating instead of litigating

In Agricullo v Yorkshire Housing [2010] EWCA Civ 229, [2010] All ER (D) 147 (Mar) a tenant had been in breach of its obligations to repair premises, including the roof and roofspace which also provided cover and protection to commercial premises retained for letting by the landlord.

The landlord had served a notice under the Law of Property Act 1925, s 146 advising the tenant of its right to claim the benefit of the Leasehold Property (Repairs) Act 1938. The tenant served a counter-notice claiming the benefit of the Act. Once that counter notice was served, the landlord could not forfeit the lease or recover damages without leave of the court. Nonetheless, the landlord considered that the s 146 notice and the prospect of court proceedings gave it some leverage for discussion with the tenant. That view seemed to have been vindicated when, after protracted and difficult negotiations, the tenant carried out the works. The landlord subsequently sought from

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

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Sheffield expansion continues with appointment of commercial property partner

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Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

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Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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