Burness Edinburgh \ Glasgow Presentation by Lionel Most 10 March 2011 Alienation Burness Edinburgh \ Glasgow.

Slides:

Advertisements

Similar presentations

A Move to the City 6th Period English April 8, 2013.

Advertisements

Irish Commercial Property – Recent Legal Developments SIMON HANNIGAN 20 th June 2013.

RURAL PROPERTY RIGHTS AND INTEREST LAND IS SELDOM HELD IN FEE SIMPLE DUE TO ACCESS EASEMENTS, UTILITY EASEMENTS, MINERAL RESERVATIONS, AND OTHER ENCUMBRANCES.

Lease-a rental agreement Specifies the amount of rent to be paid and the length of time for which the dwelling may be rented. States the rights and duties.

Real and Personal Property Objective Compare the legal rights of acquisition, transferal and renting/leasing of real or personal property. RELATIONSHIP.

Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.

Landlord & Tenant: Leasehold Covenants Terminology Characteristics of a lease Leasehold covenants Enforceability of leasehold covenants.

Landlord/Tenant Law Business & Personal Law Gary Nelson April 2001.

Inter Naturalia Problems with Notices Ken Gerber Anderson Strathern, Solicitors, Glasgow 24 th April 2014.

Renting & the Law CHAPTER 33. Renting & the Law: Chapter 33  The person who rents property is the Tenant or Lessee.  The person who owns property and.

Renting Real Property CHAPTER THIRTY. Copyright © Houghton Mifflin Company. All rights reserved.30 | 2 Landlord – Tenant Relationship Landlord: the person.

1 Click your mouse anywhere on the screen to advance the text in each slide. After the starburst appears, click a blue triangle to move to the next slide.

Real Estate Law Residential Leases Real Estate Law Residential Leases.

Leases. Leasing Basics Lessor Lessee Landlord retains a reversionary right In most states, Alabama included, lease agreements for more than one year must.

COMMERCIAL LEASES/ LANDLORDS AND COMMERCIAL TENANTS Calgary Chamber – Business Recovery Expo July 31, 2013 Robert (Rob) T. Fooks Partner, Corporate | Commercial.

Special Topics in the Landlord-Tenant Relationship 1.

© 2007 by West Legal Studies in Business / A Division of Thomson Learning CHAPTER 19 Land-Use Control and Real Property.

Chapter 11 Rentors/Landlords. Vocabulary Tenant – a party to a lease who pays rent to the landlord in exchange for the possession and use of real property.

1 ARE 306Unit 15 Tenancies. 2 Definitions l Lessee l Lessor l Rent.

Coach Markus.  Tenant: one who pays money to live in a building (renter) Landlord: the owner of the property or building Terms to Know.

Chapter 13 Leasehold Estates 2010©Cengage Learning. All Rights Reserved.

Renting or Owning??? Principles of Law Mrs. Pollison.

Real Estate Principles and Practices Chapter 14 Leases © 2014 OnCourse Learning.

SEMINAR FEB 16th  UNDERSTANDING LEASE CLAUSES  OPEN QUESTION TIME.

Real Estate Principles and Practices Chapter 14 Leases © 2010 by South-Western, Cengage Learning.

Tenants’ Union of Tasmania Inc. Lesson Four Rent and Rent Arrears.

Illegality “In a free society the state does not administer the affairs of men. It administers justice among men who conduct their own affairs.” Walter.

Leasehold Procedure PLP Lecture 9. Aims & Objectives To consider the advantages and disadvantages of leasehold To understand the main procedural steps.

LAPA Conference Managing the Fundamental Terms of Leases Michael Wood Mike Dennehy 9 October 2008.

Law for Business and Personal Use © South-Western, a part of Cengage LearningSlide 1 Chapter 18 Ownership and Leasing of Real Property Chapter 18 Ownership.

B428 Real Estate Day 5 Leases, Income Tax, 1031 Exchanges, Lending and Borrowing.

44.1 b a c kn e x t h o m e Chapter 44 Objectives  Explain the nature and formation of the landlord/tenant relationship.  Name the various types of tenancies.

25-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.

P A R T P A R T Property Personal Property and Bailments Real Property Landlord and Tenant Estates and Trusts Insurance Law 5 McGraw-Hill/Irwin Business.

A Second Chance for Innovation— European Inspiration for the Revised Uniform Residential Landlord and Tenant Act Professor Melissa T. Lonegrass Louisiana.

RESIDENTIAL LEASES. A lease is a contract to use another’s property Contract- An agreement/promise the courts will enforce Lessor/landlord and lessee/tenant.

Revised Chapter 17 Slide # 1 Copyright – David A. McGowan All rights reserved Chapter 17 LEASES (Page 330) Landlord Property owner Lessor Tenant.

Chapter 16 Leases Rental units come in all shapes and sizes, from single-family homes to multistory high-rises that contain hundreds of units. This block.

 Owner (landlord; lessor) conveys right to occupy (lease) to a tenant (lessee) for a certain period of time.  Owner retains a reversion.  Historically,

LANDLORD AND TENANT RESPONSIBILITIES. Landlord responsibilities: To have the premises ready when the renter is ready to move in Premises must be habitable.

Drafting Leases Audio Lecture. Aims & Objectives To understand key drafting issues in rent, rent review, alienation, user and alterations provisions in.

© 2008 by South-Western, Cengage Learning Chapter 17 Charles J. Jacobus Thomas E. Gillett.

 Lease is a contract whereby one party (Lessor/Landlord) undertakes to give the other (Lessee/Tenant), the use of a thing, either partially or in full,

2.02 Financial and Legal Aspects of Renting. Landlord Owner of the Property Expects the following from tenant: –Rent to be paid on time –Keep the property.

Rental units come in all shapes and sizes, from single-family homes to multistory high-rises that contain hundreds of units. This block of historic apartment.

Law for Business Mr. Bernstein Notes, pp Tenants’ and Landlords’ Duties December 18, 2014.

Chapter 49 Landlord-Tenant Law and Land Use Regulation.

2.02 Financial and Legal Aspects of Renting. Landlord Owner of the Property Expects the following from tenant: –Rent to be paid on time –Keep the property.

CHAPTER 14: PARTING WITH POSSESSION BY THE TENANT Emond Montgomery Publications 1.

Jennifer Slade.  Alienation provisions  T’s disposal of the lease.

Chapter 50 Landlord-Tenant Law Copyright © 2015 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent.

Understanding your rights Service Charges Ealing Council Leaseholders Association 29 February 2012 Dona Awano.

Rights and Responsibilities Section 4.3. True or False A tenant has to keep the rental unit clean, up to the standard that most people would consider.

Modern Real Estate Practice in Illinois Eighth Edition Chapter 17: Leases ©2014 Kaplan, Inc.

Section 1 Definition & kinds of right.  A group of obligatory rules that organizes the relationship between individuals in a certain society.  Thus,

DOUG STEVENS SEMINAR 22nd August 2016

Chapter 18 Ownership and Leasing of Real Property

The Landlord-Tenant Relationship

Office Agents Society Repair and potential pitfalls

Understand Sales, Consumer, Property and Cyber Laws

Gaylene Lonergan.

LEASE ACQUISITIONS – WARTS N’ ALL

Residential Tenancies Based on the RTA, 2000 Chapter R-14.1

WEBINAR ESSAY SERIES REAL PROPERTY ESSAY #6 MODEL ANSWER

Managing Tenant Covenants and Condition

Landlords Consents Alienation Assignment and sub-letting

Presentation transcript:

Burness Edinburgh \ Glasgow Presentation by Lionel Most 10 March 2011 Alienation Burness Edinburgh \ Glasgow

Alienation Nomenclature Alienation Assignation Sub-letting Licence Franchisee Shared Occupation

Burness Edinburgh \ Glasgow Alienation Stages of Consent Common Law Contracting out No Consent needed Absolute Prohibition Consent not to be unreasonably withheld

Burness Edinburgh \ Glasgow Alienation Historical Background The capricious landlord Muir v Wilson English background

Burness Edinburgh \ Glasgow Alienation Meaning Reasons for refusal Differences with England

Burness Edinburgh \ Glasgow Alienation The Renfrew District Council Case Conditions Arrears Additional review Repairing clause Review pattern English Authorities

Burness Edinburgh \ Glasgow Alienation Commercial Benefit Relationship of Landlord and Tenant International Drilling Fluids Limited v Louisville Investments (Uxbridge) Limited Bromley Park Gardens Estates Limited v Moss Damages Two basic things The assignee can pay and perform Unreasonable condition tantamount to a refusal

Burness Edinburgh \ Glasgow Alienation Lousanda & Co Limited v SE Lesser (Properties) Limited Remedy available Arising from the lease Existing breach Mutuality principle Allied Dunbar Assurance plc v Superglass Sections Limited

Burness Edinburgh \ Glasgow Alienation Burden of Proof Iqbal v Thakrar

Burness Edinburgh \ Glasgow Alienation Inadequate covenant Continvest v Dean Property Partnership Landlord Protect Limited v Dolman NCR Limited v River and Portfolio No.1 Limited

Burness Edinburgh \ Glasgow Alienation Follow the rule book Scottish Tourist Board v Deanpark Limited

Burness Edinburgh \ Glasgow Alienation Alternative Motive Change of use Ashworths Fraser Limited v Gloucester City Council Competition with own business Sport Offer Limited v Erewash Borough Council Sergeant v Macepark (Whittlebury) Limited

Burness Edinburgh \ Glasgow Alienation Rental Levels Clinton Cards (Essex) Limited v Sun Alliance & London Insurance

Burness Edinburgh \ Glasgow Alienation Alternative Remedies Scotmore Development Limited v Anderton Root of the contract Recission Standard Property Investment Limited v Scottish Provident Limited

Burness Edinburgh \ Glasgow Alienation Sublease consent Sears Properties Netherlands BV v Coal Pension Properties Limited

Burness Edinburgh \ Glasgow Alienation Summing up Unreasonable conditions equivalent to refusal Unreasonable to refuse for commercial benefit Reason must arise out of lease Unreasonable where assignee can pay and perform Normal remedy is damages but some times recission Breach of use clause or prejudice of landlord’s business Landlord’s prevention of assignation of sub-let