Expert Comments On Recent Case Involving Courtney Love
14/02/2012
A US property dispute involving Hole frontwoman Courtney Love has shown that even rock stars need to ensure that their property affairs are properly documented, a litigation expert at Irwin Mitchell has advised.
Reports in the US have revealed the singer has been involved in a court battle with her landlord Donna Lyon who was trying to evict her for non-payment of rent.
The court in New York heard that Love’s original agreement was to pay both a deposit and six months’ of rent upfront, but Love alleged that the terms were then altered so she could pay her rent on a monthly basis.
However, the landlord alleged that the original terms applied and claimed, therefore, that the 47-year-old singer owed rent.
Judge Jean T Schneider dismissed the proceedings after ruling that the payment and acceptance of rent on a monthly basis supported Love’s contention that the variation to the rent payment arrangement was a binding agreement. The rent allegedly owed was therefore “rent not yet due”.
A dispute relating to an alleged unauthorised alteration to the townhouse remains unresolved
Commenting on the decision, Danny Revitt, Partner and property litigation specialist at Irwin Mitchell, said: “This may have been a high-profile case due to who was involved, but it has highlighted an issue which all landlords and tenants of both residential and commercial premises would do well to bear in mind.
“The dates on which rent must be paid are a fundamental element of any tenancy agreement , given that a failure to pay rent on time usually entitles the landlord to seek to evict the tenant.
“It is therefore in the best interests of landlords and tenants to ensure that any variation agreed is put in writing and signed and dated by both parties, even if the tenancy agreement does not strictly require any variations to be in writing.”
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