News & Analysis as of

Tenants Right to Possession

BCLP

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

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Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Hogan Lovells

Lease or Licence? Further clarification given by the Court of Appeal in property guardian case

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The Court of Appeal has held that a property guardian occupied a property as a licensee, not a tenant, allowing the licensor to obtain possession from the guardian. The Court of Appeal further dismissed arguments that the...more

Hogan Lovells

Tenant fails to satisfy break clause in latest VP ruling

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The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant...more

Hogan Lovells

UK COVID-19 – Further protection from eviction for residential tenants

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Following emergency legislation in March 2020, intended to protect residential tenants from eviction during the COVID-19 lockdown the government has announced further measures to ease the pressure on tenants who continue to...more

Patterson Belknap Webb & Tyler LLP

“Free and Clear” Means You’re out of Here?

Section 365(h) of the Bankruptcy Code provides considerable protection to a tenant in the event of a bankruptcy filing by its landlord. Despite rejection of its lease, the tenant can elect to retain its rights, including the...more

Snell & Wilmer

Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

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Clearing up any lingering confusion, in Carrington Mortgage Services, LLC v. Woods, 767 Ariz. Adv. Rep. 4 (June 22, 2017), the Arizona Court of Appeals confirmed that residential forcible entry and detainer actions in Arizona...more

Snell & Wilmer

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

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If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

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