Warren Gordon

Warren Gordon

Head of Real Estate Know How

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Real Estate

Courts can insert language into documentation to correct errors

Company Developments (Finance) Ltd v Coffee Club Restaurants Ltd and others [14 June 2011] concerned an attempt by guarantors to a lease to avoid liability as a result of an error in the lease drafting. The Court, however, was able to overlook the error to hold the guarantors liable.

02 February 2012

Real Estate

The Court has a broad discretion in determining interim rent on a business lease renewal

Neale v Witney Electric Theatre [15 July 2011] concerned the level of statutory interim rent payable by the tenant where the tenant was not granted a renewal lease. The decision will be of interest to the property industry with the interim rent provisions in the Landlord and Tenant Act 1954 ("Act") being an important element in the statutory renewal process for business leases.

02 February 2012

Real Estate

Pre-conditions to completion under an agreement must be clearly stated

British Telecommunications Limited v Rail Safety and Standards Board Limited [27 July 2011] determined what was entailed in a condition requiring the obtaining of superior landlord's consent. Did that requirement extend to having a formal licence executed by all parties, or was it merely the obtaining of the superior landlord's consent even if not provided in a formal way?

02 February 2012

Real Estate

Failure to make timely payment of a deposit normally allows the seller to end the contract

Samarenko v Dawn Hill House Limited [1 December 2011] considered issues of importance to the property industry concerning the payment of a deposit by the buyer under a contract to sell land. Such a contract almost always requires a buyer to pay a deposit to the seller on exchange. If the buyer is not willing or able to pay the deposit at that point, the seller will usually not exchange contracts, reflecting the deposit's importance as an indication of the buyer's commitment to complete, for fear of the deposit's forfeiture if completion does not occur.

02 February 2012

Real Estate

Meaningful retaking of land is needed to remove squatters

Zarb v Parry [15 November 2011] concerns the ubiquitous neighbours' dispute over boundaries. The case is of interest for the Court of Appeal's first consideration of certain aspects of the new legal scheme for acquiring title to registered land by adverse possession, introduced by the Land Registration Act 2002.

02 February 2012