Commercial Property Updates from June 2024

Japanese Knotweed damages claims

Davies v Bridgend County Borough Council [2024] UKSC 15

Claim ultimately fails on causation, as diminution in value due to presence of Japanese Knotweed pre-dated the defendant’s breach of its tortious duty, and also the claimant’s acquisition of his property. The claimant could not prove that the residual diminution of value would not have been suffered ‘but for’ the defendant’s breach of duty.

Misrepresentation in opposed lease renewal

Mcdonald's Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch)

A landlord’s misrepresentation as to its intention to occupy premises itself, for the purpose of opposing lease renewal on ground (g), gave rise to an entitlement for the tenant to compensation under s.37A, Landlord and Tenant Act 1954. However, the tort of deceit did not apply.

Forfeiture of lease for failure to comply with building obligation

The Tropical Zoo Ltd v LB Hounslow [2024] EWHC 1240 (Ch)

The failure to comply with a Jervis v Harris-type notice requiring a breach of covenant to be remedied gave rise to a new and separate right to forfeit, which was exercisable despite the right to forfeit in respect of the underlying breaches having been waived. Aspects of waiver and relief from forfeiture also considered.

High Street Rental Auctions

Levelling Up and Regeneration Act 2023

The publication of the government’s response to its consultation exercise gives a better idea of what the exact shape of the procedure may be, when implemented (currently targeted to be this summer).

Learning Objectives:

To cement learning of new developments in the past month, and/or gain awareness of others that busy practitioners may have missed.