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Property Ligitation Newsletter – June 2010

In this issue of the Property Litigation Newsletter:

In certain circumstances is a Landlord left with no alternative but to litigate?  
Should a Landlord always litigate or is it better to try to settle by negotiation? The decision in Agricullo v Yorkshire Housing provides the Landlord with some interesting food for thought.

Is an unsigned Guarantee binding?
Time and time again in the property industry the issue of whether an unsigned document is binding arises - the Court of Appeal considered the issue in the case of Investec Bank (UK) Limited v Zulman and Another.

Break Notices: a continuing problem for Tenants?
In the current economic climate we can expect more break notices to be served than would otherwise be the case. Hotgroup plc v Royal Bank of Scotland plc is a good example of this increasing trend, but is also a painful reminder of what can go wrong.

More Break Notice misery for a Tenant?
It seems that litigation in relation to break notices is now the "in" thing. In Hexstone Holdings Limited v A H C Westlink Limited the Court looked at another seemingly obvious point in relation to whether a break notice had been effectively served.

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