Citations: [1954] 1 QB 446 Jurisdiction: England and Wales Cited by: Mentioned – Pirabakaran v Patel and Another CA 26-May-2006 The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not … Continue reading Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954
The tenant requested a new lease and the renewal of personal rights attached to the first lease. Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is to give security of tenure to business tenants by, inter … Continue reading G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974
The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998
Citations: [1997] EWCA Civ 1426 Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Landlord and Tenant Updated: 06 November 2022; Ref: scu.141822
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996
‘Occupation’ by a tenant does not require physical occupation by him for him to have the right to renew the lease under the Act. A market operator letting all the stalls in a market area was a protected tenant. Judges: Lord Nicholls Citations: Gazette 13-Apr-1994, Times 02-Mar-1994 Statutes: Landlord and Tenant Act 1954 23(1) Part … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: CA 2 Mar 1994
An original Tenant is not liable for arrears arising on the tenancy extended by an assignee beyond the original term. The vesting of the leasehold estate in the tenant carried with it the burden of covenants that touched and concerned the land. Nourse LJ said that this category of covenant was ‘imprinted on the term’. … Continue reading City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm): CA 31 Mar 1993
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007
Renewed application for leave to appeal against grant of an order that tenancy of car parking spaces be extended under the 1954 Act when enjoyed with occupation of public house. Held: The appeal was arguable and should proceed. Judges: Peter Gibson LJ Citations: [2002] EWCA Civ 1288 Links: Bailii Statutes: Landlord and Tenant Act 1954 … Continue reading Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others: CA 28 Aug 2002
(Birmingham County Court) Judges: Martin Rodger QC, Deputy Chamber President, Upper Tribunal (Lands Chamber) (Sitting as a Judge of the County Court) Citations: [2022] EW Misc 6 (CC) Links: Bailii Statutes: Landlord and Tenant Act 1954, Digital Economy Act 2017 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 October 2022; Ref: scu.681431
The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and under statute, an incident of the ownership of the reversion. … Continue reading Corporation of City of London v Fell and Others: HL 3 Dec 1993
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process. Held: The appeal against the stay succeeded. The new case had been flagged up to the defendants in the earlier proceedings and it was implicit in those proceedings … Continue reading Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others: CA 8 Apr 2009
The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had sublet parts of the premises to others (including the defendants) on long leases. Those … Continue reading Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010
The tenant served two notices under the Act. Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four months of the first. Citations: [1997] EWCA Civ 2863, [1998] … Continue reading Railtrack Plc v Gojra and Gojra: CA 28 Nov 1997
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
The tenant served his s26 notice on the landlord and then began his application to the court. His application was however early. Held: The landlord did nothing to indicate his opposition or otherwise to a new tenancy and so was not estopped from objecting to the fault. There was a prima facie presumption that a … Continue reading Stevens and Cutting Ltd v Anderson: CA 1990
Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for rent for the period after the expiry of the contractual tenancy when the tenancy was … Continue reading Surrey County Council v Single Horse Properties Ltd: CA 26 Mar 2002
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission. Held: The appeal succeeded. The judge had referred to … Continue reading Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005
The landlord complained that the tenant, when he served his section 26 notice had had no intention of taking up a new lease. Held: The landlord’s contention was true, but the Act did not require anything beyond the notice. The section 26 notice itself was valid, even though as the tenant intended he had acquired … Continue reading Sun Life Assurance Plc v Thales Tracs Ltd and Another: CA 10 May 2001
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
The landlord’s solicitors, by mistake, sent two notices to the tenant in the same letter. One notice opposed the grant of a new tenancy but on an invalid ground, and the other said a new tenancy would not be opposed. The tenant sought clarification. The landlord’s solicitors purported to withdraw both notices, and served a … Continue reading Barclays Bank plc v Bee and Another: CA 10 Jul 2001
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
The freehold reversion on the lease had been divided between four landlords. Each landlord served a s25 notice relating to properties within their own area. Held: The landlords’ notices were invalid. They had to relate to the entire holding. The notices were insufficiently clear on this point and left the tenant prejudiced by the uncertainty. … Continue reading M and P Enterprises (London) Ltd v Norfolk Square Hotels Ltd: 1994
The tenants had intended to ask for a new tenancy of 14 years, but by mistake, the notice of request implied a new lease of seven years. The request nevertheless set out the duration of the proposed new tenancy. The tenants tried to bring in parol evidence to show the mistake. The tenant argued that … Continue reading Sidney Bolsom Investment Trust Ltd v E Karmios and Co (London) Ltd: CA 1956
Tenants sought renewed commercial tenancies. The landlord first opposed then consented to the renewals. In the meantime the tenants had made arrangements to purchase alternative properties, and did not proceed with the claims. They later counter-claimed for statutory compensation, but the counter-claim was dismissed on the basis that the applications for the new tenancies were … Continue reading Sun Life Assurance plc v Thales Tracs Ltd (formerly Racal Tracs Ltd) and Another: CA 24 May 2001
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was dismissed. The Court agreed with the majority in Greenalls. ‘There is … Continue reading Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell: CA 22 Jul 1998
Tenant’s application for leave to appeal from refusal of renewal of tenancy – intention of landlord to demolish. Citations: [2018] EWHC 2193 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Landlord and tenant Updated: 26 April 2022; Ref: scu.621136
Notices served together breaking lease and requiring new lease but mistaking dates should be held valid where the combined intention was unmistakable, though on its own the mistaken statutory notice requiring new tenancy from wrong date would not stand. A statutory counter-notice had to be precisely correct since it exercised a defined function. Citations: Gazette … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 1 Jul 1998
Application by tenant to re-open preliminary issue on having obtained new evidence. The landlord had resisted the grant of a new tenancy claiming an intention to develop the property. Judges: Lightman J Citations: [2003] EWHC 1621 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 31 March … Continue reading Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd: ChD 8 Jul 2003
Landlords had let the property to their caretaker of the whole premises. andpound;40 was to be deducted from the agreed rental value of the house (andpound;66), and he was to pay andpound;26pa in rent. The parties agreed that the letting was governed by the Rent Restriction Acts. Later his wage was increased to andpound;66.00 leaving … Continue reading Montague v Browning: CA 1954
The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a further one, and created a trust. The claimant now … Continue reading The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
Application was made to make extensive amendments to the notice of appeal. Held: The application was refused. The EAT practice guide required an application for an amendment to be made as soon as its necessity became apparent. The applicant had not done so. The EAT set down general guidance in dealing with such applications. No … Continue reading Khudados v Leggate and others: EAT 16 Feb 2005
Appeal against order for possession after finding that leases not covered by 1954 Act – whether Act validly excluded. . .
References: [1998] EWCA Civ 1091 Links: Bailii The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was … Continue reading Eric Michael Garston; Alan Kilsha Toulson; Paul Denzil Nicholas and Charles Edward Cameron Gardner v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on April 11 1966. Held: The notice being in appropriate form was effective to … Continue reading Commercial Properties Ltd v Wood: CA 1967
The tenant had served a s26 notice, but it was invalid in specifying a date too early. Not seeing this, the landlord at first said it would not oppose a new tenancy, and gave no counter-notice and went on to apply for an interim rent. On later . .
Judges: Ormrod LJ, Geoffrey Lane LJ Citations: (1979) P and CR 392 Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Cited by: Cited – Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others CA 28-Aug-2002 Renewed application for leave to appeal against grant of an order that tenancy … Continue reading Kirkwood v Johnson: CA 1979
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success. Held: Where the landlord had expressed intention to commence business from premises after expiry of the lease and wanted occupation, the court should … Continue reading Dolgellau Golf Club v Hett: CA 3 Apr 1998
Where the tenant had issued an application for a tenancy, but had failed to serve the proceedings within the two months time limit and no application to extend the time for service had been made within four months, the court still had discretion to extend the time to allow the service, and treat the delay … Continue reading Ward-Lee v Lineham: CA 1 Mar 1993
A restaurant run within a pub is within the scope of the section and a Part II tenancy, despite being open to pub customers. Citations: Times 08-Jul-1993, Ind Summary 26-Jul-1993 Statutes: Landlord and Tenanct Act 1954 Part II, 43 (1)(d) Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.89743
The parties agreed a tenancy for 12 months, and thereafter to continue from year to year determinable by the landlord on twelve months’ notice. An order had been obtained from the court to exclude the tenancy from protection under the 1954 Act. Held: The agreement and order taking the tenancy out of Part II protection … Continue reading Nicholls v Kinsey: CA 3 Feb 1994
The tenant claimant appealed against rejection of its claim that the landlord did not intend to occupy the tenanted property, allowing the landlord to reject the claimant’s application for a new lease on the expiry of the existing one. Judges: Lloyd, Rimer, Jackson LJJ Citations: [2012] EWCA Civ 473 Links: Bailii Statutes: Landlord and Tenant … Continue reading Frozen Value Ltd v Heron Foods Ltd: CA 24 Apr 2012
The court was asked as to the validity of a section 24 notice. In his notice the landlord had stated that he would not oppose the grant of a new tenancy. The tenant failed to serve a counter-notice but then contended that the section 24 notice was invalid because it omitted some of the notes … Continue reading Tegerdine v Brooks: CA 1977
The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded that the works were not structural. Held: The words of the section should be read as they are. There is no explicit requirement for … Continue reading Ivorygrove Ltd v Global Grange Ltd: ChD 18 Jun 2003
The landlord served notice in a form which contained two alternatives, but he failed to strike out one. He added a statement as to why he opposed a new tenancy. Held: The notice was effective.Templeman J said: ‘No one reading that notice can be in the slightest doubt; the landlord accidently failed to strike out … Continue reading Lewis v MTC Cars Ltd: ChD 1974
The tenant had applied for a new tenancy. The landlord offered to provide suitable accomodation. Held: Where the landlord’s offer met the statutory criteria, the court had no jurisdiction to grant a new tenancy. What mattered was the landlord’s intention at the date of the hearing. Judges: Denning LJ, Evershed MR Citations: [1957] Ch 67 … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: CA 1957
The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971
There was a subletting arrangement. United Artists, who were the sub-tenant’s competent landlord under Part II of the 1954 Act, served a notice on the tenant, and then a further notice on the head landlord. The result of second notice was that United Artists ceased to be the competent landlord of the tenant. The tenant … Continue reading Shelley v United Artists Corporation Limited: CA 1989
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking spaces had been allocated. The move was made, but the lease … Continue reading The Picture Warehouse Ltd v Cornhill Investments Ltd: QBD 23 Jan 2008
Lord Denning MR doubted whether the mere letting of an incorporeal hereditament could be occupation so as to be the subject of a new tenancy within the 1954 Act. However, since the fishing rights had been used for the purposes of a business in connection with a room that was also let by the same … Continue reading Jones v Christy: CA 1963
The parties disputed whether a tenant’s counter-notice had been served within the time limit applicable. It was out of time if the time ran from the date of posting of the landlord’s notice, but not if timed from the date of receipt. Held: The Landlord’s appeal succeeded. Judges: Neuberger J Citations: [2003] EWHC 1252 (Ch), … Continue reading Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act. Held: The Pulleng case required te court to reject the tenant’s argument. The meaning of the phrase ‘let as a separate dwelling’ had contracted and no longer … Continue reading Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990
UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the tenants vacated the property on or immediately before 25 … Continue reading Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990
In some cases the relation of tenant at will may be expressly created by contract. Citations: (1907) 2 Ch 137 Cited by: Cited – Wheeler v Mercer HL 31-Oct-1956 The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act … Continue reading Morgan v William Harrison Limited: 1907
The Court was asked as to the extent to which a valuer can permissibly rely upon matters drawn from his own knowledge and experience, and which are not proven by direct evidence on the one hand, as compared to specific transactions upon which he relies for the formation of an opinion as to value, on … Continue reading English Exporters (London) Ltd v Eldonwall Ltd: ChD 1973
A notice under the Act which specified the penultimate date of the tenant’s term as the date on which possession was required was invalid. The Act required the date to be not before the tenant’s term expired by effluxion. Citations: [1969] 209 EG 1319 Statutes: Lanldord and Tenant Act 1954 27 Landlord and Tenant Updated: … Continue reading Central Estates (Belgravia) Ltd v Webster: 1969
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978
A student tenant left the property for a few days. Whilst she was away, the pipes froze, cracked, and then burst. The landlord complained that he had neither turned off the water, nor lagged the pipes. Held: The tenant had no such obligation at common law, and nor had the landlord an obligation to lag … Continue reading Wycombe Health Authority v Barnett: CA 1982
The landlord served his section 25 notice, amnd the tenant his 26 counter-notice. The tenant did not in fact issue his court application until some two years later. Held: A landlord’s waiver of the time limits for beginning court proceedings could only extend until the expiry of the relevant notices. After that point, the lease … Continue reading Meah v Sector Properties: 1974
Under Section 10 of the 1951 Act an occupier might apply for obtain a new tenancy. The expiring tenancy had end immediately before the Act came into force or within two years of that date, ‘and would so come to an end by effluxion of time or by the expiration of a notice ‘ to … Continue reading Martinali v Ramuz: CA 1953
The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. The landlord did not take the point at first, and delivered an answer and negotiated compensation. After the expiry of the maximum period of four months, when it was … Continue reading Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited: HL 1970
Judges: Nugee J Citations: [2016] EWHC B38 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.592671
The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed against refusal. Held: The appeal failed. The date of the hearing at which the necessary intention … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 4 Aug 2010
Appeal against orders fixing new rent in renewed commercial leases. Munby P FD, Briggs, Sales LJJ [2016] EWCA Civ 1231 Bailii Landlord and Tenant Act 1954 England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.571999
The defendant served a notice on the plaintiff tenants purportedly under the section. The defendant had been the landlord but shortly before serving the notice the defendant had assigned its interest in the property in question to its parent company and so had ceased to be the landlord. As section 25 required the landlord to … Continue reading Yamaha-Kemble Music (UK) Ltd v ARC Properties Ltd: ChD 1990
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific performance. Held: The words ‘subject to the preparation and approval of a formal contract’ … Continue reading Winn v Bull: ChD 19 Nov 1877
Application was made for consent to assign a lease. The court was asked whether or not the purchaser of a leasehold interest in a property, who had elected to affirm the contract despite a repudiatory breach by the vendor, could be held to his election if, when he made it, he was aware of facts … Continue reading Peyman v Lanjani: CA 1985
The landlord had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into liquidation, the title was disclaimed by the liquidator, and the mortgagee sold on to the defendant. … Continue reading Fowles v Heathrow Airport Ltd: ChD 15 Feb 2008
‘It was no part of the policy . . of the 1954 Act to give security of tenure to a business tenant at the expense of preventing redevelopment.’ Stamp LJ [1978] 2 EGLR 46, [1978] 247 EG 46 Landlord and Tenant Act 1954 England and Wales Cited by: Cited – Davies Attbrook (Chemists) Ltd v … Continue reading Adams v Green: 1978
The question which arises on this appeal is whether it is open to the landlord to oppose the grant of a new business tenancy if the works which he says that he intends to carry out have no purpose other than to get rid of the tenant and would not be undertaken if the tenant … Continue reading S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018
The tenant had served a notice under the 2003 Act to acquire a new lease. The landlord in replying that he wished to redevelop the site, sought himself to define the extent of the ‘estate’ to include only the tenant’s apartment and a neighbouring one as ‘the whole or a substantial part of the premises … Continue reading Majorstake Ltd v Curtis: HL 6 Feb 2008
On a renewal of a tenancy a landlord’s counter-notice under section 26(6) relied on section 30(1)(f) and (g). Held: (Lord Keith dissenting) The court was bound to have regard to the position as it was on the date of the order. The landlord must have a ‘firm and settled intention’ as regards the proposed works. … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: HL 1958
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I … Continue reading Cunliffe v Goodman: CA 1950
Tenants who used the premises which consisted of a yard, partly covered with cinders, on which stood only a wooden garage, covered about one-third of the site and a brick boundary wall adjacent to the highway for business purposes, applied for a new tenancy under the Landlord and Tenant Act 1954 Part 2. The landlords … Continue reading Housleys Ltd v Bloomer-Holt Ltd: CA 1966
Opposition to grant of new tenancy Mr Justice Marcus Smith [2021] EWHC 2847 (Ch) Bailii Landlord and Tenant Act 1954 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.669162
The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they were not a business. The agreement clearly and … Continue reading Addiscombe Garden Estates Ltd v Crabbe: CA 1957
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
