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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
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
Professor Dominic Regan of City Law School and the Frenkel Topping Group—AKA The insider—crowns Mazur v Charles Russell Speechlys LLP as his case of 2025 in his latest column for NLJ. The High Court’s decision—that non-authorised employees cannot conduct litigation, even under supervision—has sent shockwaves through the profession. Regan calls it the year’s defining moment for civil practitioners and reproduces a ‘cut-out-and-keep’ summary of key rulings from Mr Justice Sheldon
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