The extent of mistake
Article Abstract:
The decision in Kleinwort Benson Ltd v Lincoln City Council, which stated that payments made under a mistake of law are recoverable, has now been applied to payments under leases. This came in Nurdin & Peacock plc v DB Ramsden & Co Ltd, in which it was held that where the payer believes that a payment would be recoverable if the court rules that it was not due to the recipient, the payment is made under a mistake of law to the same extent as a payer who pays in the incorrect belief that the payment is due. This ruling has significant implications for the property industry, especially the relationship between tenants and landlords.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Covenants and the chain of indemnity
Article Abstract:
There has been extensive debate among property lawyers in the UK about whether it can be argued that a former tenant who pays arrears to the landlord as a result of the current tenant's default is himself obliged to serve a section 17 notice on his assignee under the Landlord & Tenant (Covenants) Act 1995. A recent case has clarified this issue. In this case, it was confirmed that a former tenant, pursued by an earlier former tenant, rather than the landlord, for rent arrears under an indemnity does not have the right to receive a section 17 notice. The former tenant may therefore be sued for rent arrears without his knowledge.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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Recovery programme
Article Abstract:
The Landlord and Tenant Act 1927 should be considered where the lease contains an absolute ban on alterations, on any application for permission to carry out improvement works, where a tenant does not want to renew a tenancy at the end of the term and if a predecessor in title has undertaken improvements. In order to claim compensation, the tenant must quit the holding and notice of the tenant's claim must be given to the landlord within the time limits listed in section 47 of the 1954 Act.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1999
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