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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

Slater Heelis—Charlotte Beck

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Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

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Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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