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Judgment was recently handed down in the Court of Appeal case of No 1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2018] EWCA Civ 250. It is the first reported decision on the application of the Landlord and Tenant Act 1988 in the residential context, but it has implications as much for commercial landlords and tenants, as for residential. The case examined important issues which arose from a long lessee of a flat applying to its landlord for consent to assign.

Cancellation of debt a key element of most restructurings generally triggers taxable income. The German tax authorities had issued an administrative decree (the "Tax Restructuring Decree" - Sanierungserlass), however, declaring that, upon the satisfaction of certain requirements and conditioned on forfeiture of any loss carry forwards, the cancellation of debt income ("CODI") would not be taxed.