WEBINAR: Freehold Covenants and Landlord’s Intention – the Acid Test

WEBINAR: Freehold Covenants and Landlord’s Intention – the Acid Test


CategorySeminar & Webinar Archive Author Simon Edwards, Damian Falkowski Date

It is always a bit disturbing when what you were told was the law in law school is turned upside down, but that is what the Supreme Court is for. We will look at what the Supreme Court said in Franses (S FRANSES LTD v CAVENDISH HOTEL (LONDON) LTD (2018) [2019] AC 249 and its implications. We will also go into the issues raised by the Court of Appeal in 89 Holland Park Management Ltd v Hicks [2020] EWCA Civ 758 – lessees and the freeholder successors in title of the vendor’s land able to enforce a restrictive covenant under s78 of the LPA 1925 and whether aesthetic or environmental grounds are relevant considerations to granting or refusing consent under a covenant.

Simon Edwards and Damian Falkowski of 39 Essex Chambers will present this live webinar.

What this live webinar will cover:

89 Holland Park v Hicks

  • Freehold covenants
  • Consent not to be unreasonably withheld
  • Can consent be reasonably refused on aesthetic or environmental grounds?
  • A good reason and a bad reason

Section 30(1)(f) and (g) Landlord and Tenant Act 1954 post Franses

  • Where we stood before Franses (Betty’s Café et al)
  • What does Franses say?
  • Cases post Franses
  • What are the angles for landlords and tenants?

This live webinar will last approximately 45 minutes. It will be supported by a PowerPoint presentation. There will be Q&As through the Zoom webinar platform. A recording of the webinar will be available soon after recording.

There will also be an opportunity to ask questions through the Zoom Q&A platform. A recording of the webinar will be available soon after recording.

WEBINAR PRESENTATION:

Simon Edwards and Damian Falkowski’s presentation, to view click here

WEBINAR RECORDING:

To view click here

Date and Time:

Tuesday 14th July @ 10.30am

PLEASE NOTE: This webinar is hosted by Zoom. Please visit the Zoom website for their Terms & Conditions.


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