Act anomaly slammed

Article Abstract:

The amendments to the Landlord and Tenant Act 1987 contained in the Housing Act 1996 have some significant drawbacks, according to Healey and Baker auctioneer John Townsend. He believes that the new provisions, which allow landlords to sell flat investments at auction and also give tenants the right of first refusal, create problems because they do not provide for an investment which does not sell at auction. He claims that some provision should be made for post-auction sales, as otherwise it is necessary to serve a further six months' notice or to hold a second auction.

author: Jenkins, Samantha
Beliefs, opinions and attitudes, Townsend, John

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Brave new world

Article Abstract:

Companies considering occupying property in Scotland should be aware that Scottish law relating to property transactions differs in a number of ways from that of the rest of the UK. In Scotland, the Law of Property Act 1925 and the Landlord and Tenant Acts do not apply. This means that a lease is a creature of contract and not a statute. There is generally no security of tenure in Scotland and no automatic right of renewal. Unreasonable tenants can have their lease irritated or forfeited upon breach.

author: Leishman, Struan
Scotland

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Max Factor Ltd v Wesleyan Assurance Society

Article Abstract:

A UK case involving landlord and tenant law related to Max Factor Ltd as lessee and the lessee's right to operate a break clause after the lease had been reassigned. Max Factor had assigned the underlease and then become a reassignee on taking it back. The break clause referred to Max Factor as the only lessee. The terms used in the underlease emphasised that Max Factor had to remain as the original grantee. Max Factor's application against the landlord was not accepted.

author: Denyer-Green Barry
Offices of Lawyers, Legal Services

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subjects list: Laws, regulations and rules, Real estate industry, Real estate, Landlord and tenant, Landlord-tenant relations
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