Continuing alone

Article Abstract:

A number of significant issues relating to the protection of long leaseholders of residential property were addressed in the case of de Rothschild v Bell. In this case, the key matter was whether, where 'the tenant' was actually two joint tenants and only one was in residence at the end of the lease, that tenant had the right to protection of the continuation tenancy. The court ruled that the defendant was entitled to a continuation tenancy, but then had to decide whether the continuation tenancy was a property interest. It ruled that it was not. This ruling was not supported by the Court of Appeal.

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Residual valuations in court

Article Abstract:

The property valuation methods employed by the property industry in the United Kingdom came under scrutiny following court cases involving a negligent valuation in West London, during 1993. The property was incorrectly valued at 3.5 million pounds sterling, some 1.5 million pounds over its true value at the time. The court concluded that the valuation decision was made incorrectly because it was based on speculative interest rates, property demand and developers costs.

United Kingdom, Malpractice, Valuation, Real estate appraisers

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Moratorium forfeited

Article Abstract:

The ruling in the case of In Re Lomax Leisure Ltd seems to indicate that forfeiture by peaceable re-entry mainly escapes the insolvency moratorium. The landlord gains an advantage over other creditors, or he is able to put at risk a rescue package. However, even where the forfeiture is valid, the normal rules of relief still apply. This case highlights the need for this area of law to be investigated by a higher court.

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