Enforcing Leasehold Covenants

An overview of forefiture and specific breaches for those handling enforcement of leasehold covenant cases

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Course Overview

Aimed at trainee and qualified landlord and tenant practitioners, this session will focus on the enforceability of leasehold covenants and offers a practical discussion of forfeiture including the methods of forfeiture and how to forfeit.

This session will also examine 4 specific breaches which may result in the enforcing of a leasehold covenant, namely:  

a. Rent – Peaceable re-entry and alternatives to this
b. Alienation – Forfeiture and injunctions
c. Keep Open Covenant – Specific performance and damages
d. Repair – Specific performances, damages and forfeiture


Delivered by The 36 Group barrister Rachel Coyle, this is session will provide viewers with an overview of key case law in respect of each type of breach, detailed below:

Rent
Zestcrest Ltd v County Hall Green Ventures Ltd [2011] 50 EG 60
Pineport Ltd v Grangelen Ltd [2016] EWHC 1318
Good Harvest Partnership v Centaur Services [2010] Ch 426
K/S Victoria Street v House of Fraser [2011] EWCA Civ 904


Alienation
Clarence House Limited v National Westminster Bank Plc [2008] EWCA Civ 1311
Akici v Butlin [2005] EWCA Civ 1296
CB Patel & PC Patel v K & J Restaurants Ltd [2010] EWCA Civ 1211
Crestfort Ltd v Tesco Stores Ltd [2005] EWHC 805 Ch


Keep Open Covenant
CIS v Argyll Stores [1997] UKHL 17
Transworld v Sainsbury [1990] 2 EGLR 255


Repair

Rainbow v Tokenhold [1998] 24 EG 123
Jervis v Harris clause [1996] 10 EG 159

What are the requirements?

  • Watch the recorded webinar and review the reference notes and optional evaluation form to test your legal knowledge.
  • This course provides 0.5 CPD points

Learning Outcomes

  • On completion of this course you will be familiar with the case law detailed above and understand how this has shaped enforcing leasehold covenants within landlord and tenant practice

What is the target audience?

  • This course is suitable for trainee and qualified landlord and tenant practitioners

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About Instructor - Rachel Coyle

Rachel is a specialist Civil Barrister at The 36 Group and enjoys a thriving practice in general civil and commercial work.

Rachel has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to the Bar and joining 36 Civil, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals.

Rachel is also direct access qualified.

Course Curriculum

Recorded Webinars

  • Webinar
    00:35:53

Supporting Documentation

  • Notes
    6 Page
  • Slides
    7 Page
  • Evaluation
    1 Page

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