Snapshots from Commercial Property – January

In this special feature, our commercial property team provide snapshots of the latest commercial property law news throughout January.

Landlord service charge clause provision

A provision in a service charge clause that the Landlord at the end of each year was to provide a certificate to the Tenant “as to the amount of the total cost and the sum payable by the Tenant” and that “such certificate shall be conclusive” means that the Landlord can conclusively decide whether works fall within the scope of the service charge expenditure as well as the total amount of the costs.

Case: Sara and Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd

Rights of way

A recent case (McGill V Stewart & Anor) interpreted the words “a right of way with or without private motor vehicles” as placing a limit on the type of vehicle that could exercise the right.  The words “private motor vehicles” were understood to mean such vehicles reasonably necessary for the continued use of the dominant land as a private dwelling.  It was decided these words allowed for use by the residential occupier and its visitors including delivery vans (and would even extend to tankers used for emptying septic tanks) but it would not extend to construction vehicles for significant improvements or new construction.

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