Court of Appeal considers waivers of formal documentation

Waiver of formal documentation before commencement of work does not amount to waiver of “subject to contract” designation the Court of Appeal decides in Haq v Island Homes & LB of TH – [2011] EWCA Civ 805. Michelle Stevens-Hoare joined Martin Rodger QC in successfully appealing a finding that a tenant had acquired a new long tenancy of extended shop premises at a discounted rent as a result of being allowed to commence the extension works. The Court concluded that although the landlord Council had previously required formal documentation to executed prior to commencement of works and then allowed the work to commence without the documentation there was no waiver of the requirement for formal documentation to completion the proposed transaction.