header-logo header-logo

25 February 2010 / Lesley Hughes
Issue: 7406 / Categories: Features , Property
printer mail-detail

If the cap fits

Lesley Hughes confirms why the courts won’t sanction the invention of a special purchaser

As landlords chase terminal dilapidations claims ever harder in times when redevelopment opportunities are scarce, tenants are increasingly turning to s 18(1) of the Landlord and Tenant Act 1927 to try to cap their liabilities.
The Court of Appeal decision in Van Dal Footwear Ltd v Ryman Ltd [2009] EWCA Civ 1478, [2009] All ER (D) 41 (Dec) has left little doubt about what test the courts must apply when looking to cap damages arising from a breach of covenant to keep a property in repair. The case also clarifies the position with respect to the effect on value of reversionary leases. While the landlord’s reversionary interest must by valued subject to binding sub-tenancies, any reversionary lease (whenever and with whoever granted) must be ignored

Case history

Ryman occupied a 17th-century listed building under a lease, the term of which had expired. It continued to occupy the premises under a series of tenancies at will, each of which kept alive

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll