Onstruction Law architectural technology
To provide advice and guidance to a Landlord who owns a large portfolio of
commercial buildings, primarily industrial warehouses, although the portfolio also includes a number of office and retail buildings.
The Client explains that one building in particular, a 12000sqm industrial unit on the outskirts of Derby City Centre is located within a prime development area. The Client is considering demolishing the 12000sqm industrial unit and erecting 12no. new exclusive four bedroom houses, in the near future.
A considerable problem however relates to the fact that the industrial building in question is currently occupied by a manufacturing tenant who still has four years remaining of their 15 year lease. The Landlord has not made the tenant aware of his plans to re-develop, and has established that the tenant plans to remain in occupation for the full length of the lease term.
The lease is a full repairing and insuring lease and requires the tenant to a?put and keepa the building in repair and at the end of the lease to a?yield upa the building to the Landlord. Following a recent visit to the building, the landlord has noticed that the building is in extremely poor condition, particularly the roof and external cladding, which is visibly damaged and compromising the ability to keep rainwater out. This is resulting in consequential damage to other parts of the building.
The Landlord considers the poor condition of the building as a breach of repairing covenant and sees this as an opportunity of bringing the lease to an end, to enable him to proceed within his redevelopment plans.
Required to complete an essay of not more than 1800 words comprising of the following: required to critically assess remedies that may be available to the Landlord for Breach of Covenant by the tenant to repair.
also explain to the Landlord how a tenant may defend such a claim.Your response should make reference to Statute Law as well as citing relevant Legal Precedents to substantiate your advice.
You are also required to provide the Landlord with a summary and conclusion which clearly indicates how he should proceed.11. Format report should be word processed in a size 11 font, using Arial Standard Font.
Please use appropriate paragraphs separated by a one line space. Spacing of 1.5 lines is required. assignment should be professionally presented. References
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