With the major changes to the real estate market resulting from the covid-19 pandemic, Myriam Stacey QC, Nic Taggart, Richard Clarke and Tom Morris discuss topical issues around lease termination in both the residential and commercial contexts.
With reference to significant recent cases, the issues covered will include:
- The scope for frustration arguments relating to covid-19 restrictions;
- The role of knowledge in waiving breaches of covenant following Faiz v Burnley BC  EWCA Civ 55;
- Whether returning premises in an altered state amounts to giving vacant possession under a break clause following Capital Park Leeds Plc v Global Radio Services Ltd  EWHC 2750 (Ch);
- Current restrictions and issues relating to the recovery of residential premises.
Introduction by Chair - Myriam Stacey QC
Break Clauses and Vacant Possession – Myriam Stacey QC
“Whose Risk Is It Anyway?” - We all know that frustration of leases is possible, but why does it never happen?– Nicholas Taggart
Forfeiture and waiver – Richard Clarke
Recovering Possession of Residential Premises –Tom Morris
Questions and discussion
To access the presentation slides for this webinar, please follow this link - here
About the speakers
Myriam Stacey QC
Myriam took silk in 2021 following a highly successful practice as a senior junior encompassing all aspects of property litigation, related professional negligence, commercial and residential landlord and tenant and commercial chancery litigation.
Nic is principally a specialist in commercial property law. Over the years, he has been involved in a number of high-profile matters concerning properties.
Richard is an experienced and versatile advocate who specialises in property law. Richard also has significant experience in planning and public law cases, and was appointed Junior Counsel to the Crown (Attorney General’s C Panel) in 2018.
Tom is a specialist in property litigation and costs law. He has a particular focus on all areas of the law relating to the development of land, and complements his property litigation practice with his knowledge and experience of planning and environmental law.