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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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NLJ Career Profile: Stephen Ward, The Barrister Group

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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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