It is not unusual to see in a long Lease of a residential flat, a Landlord's right to terminate or for the Lease to automatically determine, in the event of damage or destruction of the flat or block where it is not possible to reinstate the block within a certain period, usually 3 years. The lease will then provide for the insurance proceeds to be divided between the Landlord, the Tenant and the other lessees of the block in such proportions as the parties agree, having regard to their respective interests.
The judgment in GB Building Solutions Limited (in administration) –and– SFS Fire Services Limited (t/a Central Fire Protection)  EWHC 1289 (TCC) illustrates yet again the importance of clearly defining terms and, in particular, critical dates in construction contracts. This is one in a series of recent cases in which the TCC judges have re-affirmed their strict approach to contract interpretation.
It is not unusual for property buyers in the UK to find a reference to ground instability in the report on title prepared by their solicitor. Clay-rich soils, on which many UK cities and towns are founded, are prone to shrinking and swelling with changes in moisture content. This may cause significant structural damage to buildings and costs insurers hundreds of millions of pounds a year. Property owners are advised not to allow the ground to become too dry or too wet and not to plant or remove trees in the vicinity of their properties.