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Bloomsburry Family law

Landlord & Tenant

Commercial property update

Magnus Hassett, Laura Williamson and Katherine Ekers consider the implications of the dilapidations protocol, break clauses, business rates relief and the meaning of 'unreasonable withholding of consent' in leases

Uncertain terms

Mark Pawlowski explores the possibility that a contractual licence could be granted instead of an equitable lease

BERRISFORD v MEXFIELD HOUSING CO-OPERATIVE LTD

As a matter of contractual interpretation, an occupancy agreement between a mutual housing association and one of its members, which was expressed to be “from month to month until determined” could not be determined simply by a month’s notice to quit. The agreement, although incapable of being a tenancy by virtue of its uncertain duration, was treated as a tenancy for life at common law and therefore took effect as a 90-year lease determinable either on the tenant’s death or in accordance with its express termination provisions.

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