Sentences with phrase «in breach of their lease»

Woolworths is suing natural grocer About Life and NSW - based grocer Harris Farm, alleging they are in breach of lease that allows Woolworths» the first right of refusal for tenants in a store near its own Double Bay supermarket, according to documents filed with the NSW Supreme Court.

When they tried to move out after a fire, they were in breach of their lease in doing so, of course.

If you don't have Mesquite, TX Renters Insurance, you're in breach of the lease and that's never a position you want to be in.

This precedent suggests that, depending on the particular wording of a restriction on use (if any) contained in the lease, a tenant who lets premises out for short periods may be in breach of the lease.

Prima facie you are in breach of your lease and your landlord can take whatever action this entitled them to take.

Not exact matches

It alleges by entering into a lease that has a first right of refusal clause in it, Woolworths may have breached an enforceable undertaking it signed with Australian Competition and Consumer Commission in 2009.

However, the court found Woolworths was not in breach of the ACCC's enforceable undertaking, because the undertaking was designed to stop shopping centre owners and supermarket operators from entering into anti-competitive leases.

Harris Farm says the transfer of lease should go ahead because Woolworths acted in breach of its ACCC undertaking.

Residents of Red Hook Houses in Brooklyn got «breach of lease» notices after NYCHA found lead paint during inspections.

To tenants already reeling from the realization that they and their children are living in apartments with lead paint, the «breach of lease» missive was just another kick in the gut.

Failure to keep the required coverage in force will be considered a breach of the lease and is subject to any and all of the same remedies.

On February 5, 2009, the landlord of our premises located at 349 Oyster Point Boulevard, South San Francisco, California filed a complaint against us in the Superior Court of California for the County of San Mateo alleging breach of contract and termination of our lease, seeking a writ of attachment and a temporary protective order, for which a hearing was held on February 6, 2009.

Representing an equipment leasing company in a contract dispute against an assignor of leases alleging breach of a perfect pay provision and a $ 25 million guaranty under the terms of an assignment agreement.

He has also successfully represented clients in lease disputes, an EEOC lawsuit and a breach of contract dispute with a breach of contract dispute with a District of Columbia agency.

He represents diverse businesses and industries such as land developers, resort and hotel owners, entrepreneurs and start - up companies, real estate and leasing companies, commercial landlords and tenants in matters involving breach of contract, breach of warranty and business tort claims, as well as claims arising out of fraud allegations.

In a minority of U.S. states it isn't automatically unlawful to evict someone for non-payment of rent or the termination of a lease term without a court order, if it can be accomplished without a breach of the peace.

The administrator is likely to refuse his consent, saying that the lease is needed for the purposes of the administration, and the law reports are littered with cases where consent to forfeit has been refused by the courts, even in the face of rent arrears and an obvious breach of the alienation covenant.

He has experience in collections (writs of attachment and possession and receiverships), equipment and vehicle leasing, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Truth in Lending Act, Unfair Competition Law, Uniform Trade Secrets Act, Commercial Code (sales, negotiable instruments and secured transactions), banking, mortgage lending and shareholder disputes, insurance, First Amendment and privacy matters, breach of contract, labor, business torts, intellectual property (trademark and copyright), eminent domain, foreclosures, and other real estate matters.

Mr. Whiteman's practice is focused in business disputes; construction and commercial litigation, including breach of contract claims, reputation management, and commercial leases; as well as family law, white - collar and other criminal law matters.

Obtained summary judgment for the leasing and financing arm of an aircraft manufacturer in a fraud and breach of contract case surrounding a sale and leaseback arrangement with a potential buyer.

Issues as to the landlord / developer breaching the covenant of quiet enjoyment and derogating from the grant of leases by seeking to restrict amenity and subsume land in further development.

This is because, depending on the language of your lease, subleasing a room in your house or your apartment could constitute a breach of the lease and, in the worst case scenario get you evicted.

The Court of Appeal ruled that while there was no doubt that mitigation applied to a claim for damages for breach of lease covenant, the same could not be said for a claim for rent which was in debt.

First, as it is unlikely that land transactions will involve a «hardcore» breach of Art 101 (1)(but that might be possible for example in the sale of off - plan leases as between competing developers) the key question is whether the land agreement is «by object» anti-competitive based on the evidence of its effect (the treatment of «hardcore» infringing agreements as ones classified «by object» is reflected in the Commission's own Guidelines; 2004 / C 101/08; para 21, and see the Guidance Note para 2.1 and footnote 13).

Obtained favorable settlements for oil and gas operators and working interest owners in cases involving breach of gas contracts, gas balancing agreements, farmout agreements, breach of oil and gas leases, drainage, breach of implied covenants, and contractual claims.

$ 355,000 settlement in a corporate breach of lease agreement case.

She has acted for clients in landlord and tenant matters, boundary and easement disputes, disrepair and breach of covenant claims, forfeiture actions, business tenancy and residential possession proceedings, lease extension and enfranchisement proceedings as well as boundary and easement disputes.

In particular, I have advised on lease renewals, claims relating to breach of covenant, rent and service charge recovery and real estate related insolvency issues.

His client, a commercial landlord, was accused by a tenant of having breached the lease and committing unfair and deceptive trade practices in violation of Massachusetts General Laws Chapter 93A.

Commercial Litigation — Lead attorney in international fraud and breach of contract action resolved in client's favor on summary judgment including recovery of all attorneys» fees; Served as first - chair defending a loan servicer in complex civil litigation involving declaratory judgment action and cross-claims for commercial torts; Second chair for seven day jury trial involving claims for indemnification and statutory business conspiracy; Won summary judgment as the lead counsel on behalf of a charitable trust in litigation over a commercial lease termination; Represented financial institutions in commercial tort actions; Represented finance company in AAA Arbitration.

Among other things, he has defended corporations and executives in federal, state, arbitral and regulatory claims involving franchise disputes, unfair competition, breach of contract, tortious interference, fraud, bad faith, professional malpractice, trademark infringement, business divorce, commercial real estate and leasing disputes, non-compete covenants, RICO laws and Qui Tam statutes.

Harjie is frequently involved in demanding and complex land and property related disputes and is the firm's lead partner on all commercial landlord and tenant litigation including contested lease renewals, lease termination, disputed dilapidation and service charge claims, actions against telecommunication operators, actions for breach of covenants, possession claims and enforcement.

In this case Mr Ojo did not necessarily realise that there had been a breach of the lease.

In the article, the authors discuss a potential modernization that would bring Massachusetts real estate laws in line with other jurisdictions as they relate to a landlord's right to compensation following the breach of a leasIn the article, the authors discuss a potential modernization that would bring Massachusetts real estate laws in line with other jurisdictions as they relate to a landlord's right to compensation following the breach of a leasin line with other jurisdictions as they relate to a landlord's right to compensation following the breach of a lease.

Gillian has successfully conducted a number of long - running and complex service charge cases in the First tier tribunal (Property chamber) and County Court on behalf of freeholders and management companies, and dealing with breach of covenant counter-claims and points of law as to consultation requirements and the construction of leases.

Clayson v. Ogden [2010], Bournemouth County Court --(a forfeiture claim concerning the breach of repairing obligations in a lease of a flat and whether or not the lease qualified as a long lease)

Successfully defended large national retailer accused of breaching operating covenant, use provision and radius clause in its lease.

He handles retail bankruptcies throughout the United States, and advises commercial landlords in everyday operational matters including evictions, breach of lease issues, public access, and the Americans with Disabilities Act.

Represented plaintiff in action against United States subsidiary of Hong Kong Shanghai Banking Corp. for breach of agreement to finance equipment leases negotiated by plaintiff.

«Impressive» team head Julie Middlemass has strengths in breach of contract claims, dilapidations, break notice disputes, forfeiture and contested lease renewals.

He provides counsel in breach of contract cases, public access disputes, and the sale, lease, and restructuring of distressed real estate.

Represented international vehicle rental and leasing company in claims against a former franchisee in Asia for breaches of a Licence Agreement.

Lead trial and lead appellate counsel in representation of national drug - store chain lessee in breach of high value commercial lease case resulting in favorable judgment.

Conducted witness preparation for depositions and trial and conducted general trial preparation in connection with lawsuit involving dispute over purchase of mineral interests; plaintiffs purported to seek relief against named defendant under theories of breach of oral contract to purchase mineral interest lease, estoppel, reliance, and fraud.

Obtained $ 1.2 million judgment in favor of commercial landlord on breach of lease claims against a former tenant in Ohio state court.

Obtained summary judgment in favor of commercial landlord for amounts due under a lease and on the tenant's counterclaims alleging that the landlord breached the lease.

Represented commercial and residential landlords in countless eviction and breach of lease proceedings.

Represented Russian freight forwarding company Concern Sojuzvneshtrans in litigation involving alleged breach of guaranty on lease of shipping containers.

Kellie also advises on all landlord and tenant matters in commercial, residential and mixed use buildings, including advising on business lease renewals, both contested and uncontested, service charge issues and breaches of covenant including dilapidations, repair, alterations, assignment and remedies, including forfeiture.

Dispute as to whether previous award of damages for breach of a «keep open» clause in a commercial lease precluded the landlords from enforcing the repairing obligation and having the vacant premises put into a condition whereby they could immediately be traded from.