Health Adviser Real Estate Tip of the Week: Conduct versus express terms - DAC Beachcroft

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Health Adviser Real Estate Tip of the Week: Conduct versus express terms

Published 5 December 2016

The recent case of Admiralty Park Management Company Limited v Ojo reminds us that, regardless of the express terms of a lease, a course of dealings between the landlord and tenant can override those terms.

In that case the tribunal held that a conventional mode of dealing existed between the management company and tenant, under which it was understood that the service charge was to be apportioned by a different method from that set out in express terms in the lease.

Practical lessons to be learnt:

  1. Read your leases, understand the mechanics of the express terms and ensure that they are being applied correctly.
  2. If you have concerns about how lease terms are being applied, address that concern sooner rather than later. Acquiescence for a number of years without objection may result in estoppel by convention.

Authors

Stan Campbell

Stan Campbell

Bristol

+44 (0) 117 918 2179

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