May 2018

A tenant applies to the landlord for consent to assign, where the landlord is not entitled unreasonably to refuse consent. The landlord refuses consent on three grounds. Of those three grounds, two are reasonable; the third is unreasonable. Is the refusal of consent valid? The answer was revisited and summarised again in the Court of Appeal’s recent decision in No.1 West India Quay (Residential) Ltd v...

The validity of "No Oral Modification" clauses Who would have thought that a property dispute involving just over £12,000 in licence fee arrears would trouble not only the Court of Appeal and Supreme Court but also lead to a decision on a fundamental and, until now, unsettled, issue of contract law? Well, Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24  is just such...

A summary of Hipwell & Son v Szurek [2018] This was the nub of the issue in the Court of Appeal decision in J N Hipwell & Son v Szurek [2018] EWCA Civ 674 (28 March 2018). But first, what is meant by an Entire Agreement clause? In a nutshell, the Entire Agreement clause is there to make clear that all terms of the agreement are contained within the...

A review of the case of Openwork Ltd v Forte What happens if the overall effect of a contractual term is clear but the detailed terms are incomplete? In Openwork Ltd v Forte [2018] EWCA Civ 783 (18 April 2018), the Court of Appeal considered, amongst other things, whether a contractual term was sufficiently certain in its effect to be operative and enforceable. In light of this decision,...

Reviewing the Court of Appeal decision in Reedbase v Fattal The Court of Appeal has recently considered the consultation requirements relating to residential service charges contained in the Landlord and Tenant Act 1985, on an appeal from the Central London County Court, in Reedbase Ltd & Anor v Fattal & Ors [2018] EWCA Civ 840 (19 April 2018). The issues related to two penthouses in an apartment...