Commercial Property Updates from September 2024

‘Newcomers’ injunction

London Borough of Enfield v Snell and others [2024] EWHC 2064 (KB)

A further instance of the use of an injunction made against unidentified and unknown persons that have not yet performed, or even threatened to perform, the acts which the injunction prohibits, in this case trespass.

Damages for alterations without consent

Brown v Ulrick [2024] EWHC 2041 (Ch)

Where a residential property had been altered without the landlord’s consent, and the tenant company had gone into voluntary liquidation, the landlord successfully challenged the liquidator’s rejection of the proof of debt. The judgment usefully discusses the assessment of damages for breach of alterations covenant, and when reinstatement costs will be recoverable rather than diminution in value.

Forfeiture, waiver and relief

Bijlani v Medical Express (London) Ltd [2024] EWHC 2246 (KB)

A Harley Street dentist’s lease of her consulting rooms was forfeited after her registration as a dentist was suspended. Relief from forfeiture was granted, and the case deals with waiver and the exercise of the discretion to grant relief.

Learning Objectives:

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