The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006
Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985. Citations: [1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
Whether a demand had been made – effect of section 20B of the Landlord and Tenant Act 1985 Citations: [2020] UKUT 115 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.650123
UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – appeal and cross appeal as to whether LVT wrongly failed to have regard to relevant matters – proper construction of service charge provision as to recovery of managing agents fees – whether LVT unfairly took a decision on grounds never raised before … Continue reading Kullar and Another v Kingsoak Homes Ltd: UTLC 26 Feb 2013
The claimant had succeeded in his claim for damages against the council following their failure to comply with their obligations of repair under the 1985 Act. The council appealed an award of pounds 1,500 for chattels damaged by the damp. Held: ‘I, for my part, would think it perfectly absurd in a case like this … Continue reading Stanbury v Mayor and Burgesses of London Borough of Lambeth: CA 5 Dec 1997
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord … Continue reading Crosspite Ltd v Sachdev and Others: UTLC 25 Sep 2012
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy. Citations: Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821 Statutes: Housing Act 1985 Sch 2 Ground 2 Jurisdiction: England and Wales Housing, Landlord and Tenant Updated: 04 November 2022; Ref: scu.84352
Judges: Morgan J Citations: [2011] EWHC 1663 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 13 October 2022; Ref: scu.441312
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
Southern : Service Charges: Section 27A of The Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – CHI – 00HY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 September 2022; Ref: scu.626549
Service Charges Citations: [2011] EWLVT LON – LV – SVC – 00AD – 0, [2011] EWLVT LON – LV – SVC – 00AD – 0, [2011] EWLVT LON – LV – SVC – 00AD – 0 Links: Bailii, Bailii, Bailii Statutes: Landlord and Tenant Act 1985 27A Landlord and Tenant Updated: 28 September 2022; Ref: … Continue reading 22 Maple Court – Bexley : London (Service Charges): LVT 9 Nov 2011
The parties disputed whether a particular arrangement was covered by and subject to the 2003 Regulations.Lewison J said: ‘[T] here are two separate strands to the policy underlying the regulation of service charges. Parliament gave two types of protection to tenants. First, they are protected by section 19 from having to pay excessive and unreasonable … Continue reading Paddington Basin Developments Ltd and Others v West End Quay Estate Management Ltd and Another: ChD 20 Apr 2010
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s19 – reasonableness of service charge – evidence required to support LVT findings Citations: [2011] UKUT 407 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 19 Jurisdiction: England and Wales Cited by: Cited – Crosspite Ltd v Sachdev and Others UTLC … Continue reading Country Trade Ltd v Noakes and Others: UTLC 7 Oct 2011
LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – order to disregard litigation costs as relevant costs for service charge – relevance of outcome of proceedings – ‘just and equitable’ criterion Citations: [2010] UKUT 380 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 September 2022; Ref: … Continue reading The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 2011
UTLC LANDLORD AND TENANT – service charges – consultation requirements for qualifying works – failure to serve ‘public notice’ requirement in time – application for dispensation – prejudice to tenants – appeal against LVT’s refusal of dispensation allowed – Landlord and Tenant Act 1985 s20, 20ZA – The Service Charge (Consultation Requirements) (England) Regulations 2003 … Continue reading London Borough of Newham v Hannan and Others: UTLC 7 Oct 2011
LANDLORD AND TENANT – service charges- whether statutory summary of tenants’ rights and obligations accompanied demands – whether service charge payable annually or quarterly – whether cost of installation of play equipment properly included in service charge – Landlord and Tenant Act 1985 s 21B Citations: [2011] UKUT 310 (LC) Links: Bailii Jurisdiction: England and … Continue reading Tingdene Holiday Parks Ltd v Cox and Others: UTLC 8 Aug 2011
LANDLORD AND TENANT – service charges – apportionment of costs between tenants – method of apportionment – variation of leases – appeal dismissed – Landlord and Tenant Act 1985 s 27A, Landlord and Tenant Act 1987, s 35 Citations: [2011] UKUT 311 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 September … Continue reading Mehra v City West Homes Ltd and Another: UTLC 8 Aug 2011
LANDLORD AND TENANT – services charges – Landlord and Tenant Act 1985 as amended section 21B – The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 – whether a demand for service charges served after the commencement of section 21B must comply with that section where the items of expenditure … Continue reading Amourgam v Valepark Properties Ltd: UTLC 4 Jul 2011
UTLC LANDLORD AND TENANT – service charge – whether proposed replacement of roofing tiles reasonable – held no evidence to support LVT’s conclusion that it was not – whether existence of a sinking fund a relevant consideration in determining reasonableness – held that it was – appeal upheld – Landlord and Tenant Act 1985 S.19. … Continue reading Southall Court (Residents) Ltd v Tiwari: UTLC 16 Jun 2011
LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – whether obtaining of a Surveyor’s Certificate a condition precedent to liability to make on account payments or final payments of service charge – held it was a condition precedent – extent to which (quite apart from … Continue reading Akorita v Marina Heights (St. Leonards) Ltd: UTLC 29 Jun 2011
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
1985/1987 Act Decisions Citations: [2013] UKFTT RP – BIR – 00FY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 September 2022; Ref: scu.622920
UTLC LANDLORD AND TENANT – service charge – building estate costs – whether recoverable from underlessees – construction of lease – principles of construction to be applied – held costs recoverable – appeal dismissed. Citations: [2011] UKUT 13 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 27A Jurisdiction: England and Wales Landlord and Tenant … Continue reading Sheldon Square Residents Association v St George North London Ltd: UTLC 20 Jan 2011
UTLC LANDLORD AND TENANT – service charges – major works contract – costs incurred more than 18 months previously – whether notification given to tenant within that period – held it had been- appeal dismissed – Landlord and Tenant Act 1985 s 20B Citations: [2011] UKUT 178 (LC) Links: Bailii Statutes: Landlord and Tenant Act … Continue reading Jean-Paul v London Borough of Southwark: UTLC 9 May 2011
UTLC LANDLORD AND TENANT – service charge – LVT holding service charges irrecoverable by reason of landlord’s failure to comply with provisions of lease and under statutory provisions – LVT failing to make findings as to reasonableness of costs – appeal allowed – Landlord and Tenant Act 1985 ss 20B, 27A Citations: [2011] UKUT 42 … Continue reading Ember Homes Ltd v Lucas: UTLC 28 Jan 2011
(Service Charges) Application to dispense with consultation requirements under s20 of the Landlord and Tenant Act 1985 in respect of worked under a long term framework agreement. Citations: [2011] EWLVT LON – LV – SVC – 00BG – 0 Links: Bailii Statutes: Landlord and Tenant Act 1985 20 Jurisdiction: England and Wales Landlord and Tenant … Continue reading Kerscott, Bowden, Nethercott and Wingate Houses – Tower Hamlets : London: LVT 2 Feb 2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the order requested. Powell had been given emergency accomodation as a … Continue reading London Borough of Hounslow v Powell, Leeds City Council v Hall etc: SC 23 Feb 2011
Landlord and Tenant Act 1985 – S27A Landlord and Tenant Act 1985 – S20C Citations: [2015] UKFTT RP – MAN – 00BR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 02 September 2022; Ref: scu.626778
UTLC LANDLORD AND TENANT – service charges – whether charges payable under leases within definition – whether amount payable might vary according to cost of providing services – held that charges were within definition – appeals dismissed – Landlord and Tenant Act 1985, s 18(1) Citations: [2010] UKUT 237 (LC), [2011] L and TR 7 … Continue reading Southern Housing Group Ltd and Another, Re Ada Lewis House and Princess of Wales Court: UTLC 15 Jul 2010
LT LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – jurisdiction of Leasehold Valuation Tribunal to order restitutionary payment of overpaid service charges – failure to comply with consultation requirements of section 20 as amended of 1985 Act. Citations: [2008] EWLands LRX – 42 – … Continue reading Warrior Quay Management Company Ltd and Another v Joachim: LT 11 Jan 2008
SERVICE CHARGES – Landlord and Tenant Act 1985 Section 27A – jurisdiction of Leasehold Valuation Tribunal – LVT determines amount payable by way of service charge by various lessees – whether LVT has a discretion under Section 27A(d) and (e) (or otherwise) to order payment on such terms as appear to the LVT to be … Continue reading Southend-On-Sea Borough Council v Skiggs and others: LT 9 Mar 2006
A headmaster’s occupation of a house in the school was not ‘for the better performance of his duties’, and so was not a tied house, and so he had the right to buy it. A term could not be implied into his contract to require him to occupy the house. Citations: Ind Summary 06-Dec-1993, Gazette … Continue reading Hughes and Another v Greenwich London Borough Council: HL 26 Oct 1993
Landlord and Tenant Act 1985 Section 2OZA Citations: [2015] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626279
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
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 council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985
Griffiths LJ discussed the bringing of cases for possession under the summary procedure provided by Order 113: ‘There will obviously be cases in which, although proceedings are started by way of a summary procedure it quickly becomes apparent that a substantial issue has to be tried. If it was apparent to the applicant that a … Continue reading Henderson v Law: CA 1985
The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy. Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt … Continue reading Eastleigh Borough Council v Walsh: HL 28 Mar 1985
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
LT SERVICE CHARGE . . Landlord and Tenant Act 1985 s.27A ( construction of lease ( whether landlord’s renewal of a retaining wall on an undemised part of the estate was within landlord’s repairing obligation and could be included in service charge. Citations: [2006] EWLands LRX – 137 – 2005 Links: Bailii Statutes: Landlord and … Continue reading The Incorporated Trustees of the Dulwich Estate v Kaye and others: LT 11 Sep 2006
LT SERVICE CHARGE . . Landlord and Tenant Act 1985 section 27A (construction of lease) preliminary issue as to whether landlord entitled to renew the windows in the Building and to seek recovery of the costs through the service charge. Judges: Huskinson J Citations: [2006] EWLands LRX – 108 – 2005 Links: Bailii Statutes: Landlord … Continue reading JR and R Wilson Turst v Blount and others: LT 11 Sep 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
The tenant had allowed an equitable charge over his lease in favour of a creditor. The lease was forfeited by peaceable re-entry for non-payment of rent, and the chargee sought relief from forfeiture. A new tenancy had been granted in the mean-time. Held: If relief was on the basis of payment of arrears, some part … Continue reading Bland v Ingrams Estates Ltd and Others (No 2): CA 11 Jul 2001
The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting. Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and the proposed sub-tenant. The tenant would remain liable for rent and repairs as before. The … Continue reading NCR Ltd v Riverland Portfolio No.1 Ltd: ChD 16 Jul 2004
In 1975 the tenant sought to exercise his right to purchase the freehold reversion of his property. The landlord argued that the rent payable precluded any such entitlement. Under the law as then understood, the landlord’s contention appeared correct. The leaseholder proceeded no further. In 1980 the law was clarified so as to indicate that … Continue reading Collin v Duke of Westminster: CA 1985
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon … Continue reading O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedingsThe applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk … Continue reading Van De Hurk v The Netherlands: ECHR 19 Apr 1994
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
The council having obtained a possession order, suspended on terms, through court proceedings, later sought to enforce the order by a warrant for possession issued without first giving notice to the tenant. The tenant alleged that the grant of the warrant was in breach of his right to a fair trial. Held: The hearing at … Continue reading St Brice and Another v Southwark London Borough Council: CA 17 Jul 2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes. Held: The appeal succeeded, and the defendant was 80% liable for the injury. Where … Continue reading Sykes v Harry and Trustee of Estate of Harry, a Bankrupt: CA 1 Feb 2001
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 1985
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
UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – whether LVT should have taken into account financial impact on tenants when deciding whether major works should be phased – appeal allowed – Landlord and Tenant Act 1985 s.19 Judges: Her Honour Judge Alice Robinson Citations: [2011] UKUT 367 (LC) Links: Bailii … Continue reading Garside and Another v RFYC Ltd and Another: UTLC 15 Sep 2011
UTLC SERVICE CHARGES – jurisdiction of leasehold valuation tribunal – construction of lease – whether rent payable by a management company in respect of the common parts recoverable as part of the service charge – Limitation Act 1980 s.21 Citations: [2010] UKUT 75 (LC) Links: Bailii Statutes: Limitation Act 1980 21 Jurisdiction: England and Wales … Continue reading Warwickshire Hamlets Ltd and Another v Gedden and Others: UTLC 26 Mar 2010
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 43UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622948
LANDLORD AND TENANT – Landlord and Tenant Act 1985 s.27A – service charges – liability – whether lessee liable for management costs incurred in providing services – interpretation of leases – held lessee liable Citations: [2010] UKUT 469 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 May 2022; Ref: scu.462572
LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 20ZA -application to dispense with consultation requirements – whether LVT entitled to assume prejudice Citations: [2010] UKUT 478 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 May 2022; Ref: scu.462574
LANDLORD AND TENANT – service charges – communal heating system – renewal of equipment in tenants’ flats – whether cost of replacement falls within landlord’s responsibility – whether cost properly included in service charge – construction of leases – method of calculating service charge – reasonableness of service charge – Landlord and Tenant Act 1985 … Continue reading Levitt and Another v London Borough of Camden: UTLC 21 Sep 2011
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623370
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622984
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622960
The prospective tenant moved into the dwelling-house before the terms had been finalised. The court was asked as to his status between entering and the execution of the tenancy agreement. Held: He was a mere licensee.Stephenson LJ said: ‘The question, of course, is, taking into account all the circumstances, what is the right conclusion to … Continue reading Sopwith v Stutchbury: CA 1985
Regulations made to ease the effect of changes on the calculation of registered rents were ultra vires and void. The Act under which they were made was intended to control inflation. The purpose of these Regulations was to ease the effect on protected tenants of decisions which would lead to rent increases. Citations: Times 15-Feb-2000 … Continue reading Regina, Ex Parte Spath Holme Ltd v Secretary of State for the Environment Transport and The Regions, Secretary of State For Wales: CA 20 Jan 2000
The defendants had sought premises for a consulting business. A licence was initially given to allow the premises to be prepared for occupation, but then a head lease was granted. An underlease for the defendant was prepared, but not executed. On the defendant leaving, the claimants said that the defendant was bound as tenant to … Continue reading London and Associated Investment Trust Plc v Calow: 1986
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Consent to Assignment Unreasonably Withheld The landlord had refused a proposed assignment of office premises from a tenant who had occupied the premises as its permanent offices, to a tenant who proposed to use the premises as serviced offices – that is, for short-term rent to others. The lease provided that the only permitted use … Continue reading International Drilling Fluids v Louisville Investments (Uxbridge) Ltd: CA 20 Nov 1985
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
For Dispensation From The Consultation Requirements Under S20 Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 April 2022; Ref: scu.626919
A possession order was properly made against a tenant for the misbehaviour of a family member. Citations: Times 15-Jul-1996, [1996] 29 HLR 507 Statutes: Housing Act 1985 Sch 2 Part 1 Jurisdiction: England and Wales Cited by: Cited – Northampton Borough Council v Lovatt and Another CA 11-Nov-1997 The local authority had obtained a possession … Continue reading Kensington and Chelsea Royal London Borough Council v Simmonds: CA 15 Jul 1996
Landlord and Tenant Act 1985 – Section 27A(3) Commonhold and leasehold Reform Act 2002 Schedule 11 Paragraph 5 Citations: [2015] UKFTT RP – CHI – 24UL – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 06 April 2022; Ref: scu.626282
An application under Paragraph 11 of Schedule 5 to the Housing Act 1985 in respect of determination as to whether a dwelling house is suitable for occupation Citations: [2015] UKFTT RP – BIR – 00CW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.626257
Landlord and Tenant – Ftt Procedure – order made under paragraph 20C of the Landlord and Tenant Act 1985 without giving the landlord the opportunity to make representations – procedural unfairness – appeal succeeds and matter remitted to the First-tier Tribunal Citations: [2022] UKUT 36 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 Jurisdiction: … Continue reading Newman v Birch-Phaur and Another: UTLC 11 Feb 2022
Judges: Etherton J Citations: [2003] EWHC 1284 (Ch), [2004] HLR 1, [2003] 3 EGLR 9, [2004] L and TR 3, [2004] 1 All ER 91, [2003] 36 EG 110 Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 30 March 2022; Ref: scu.595848
LANDLORD AND TENANT – SERVICE CHARGES – s196 Law of Property Act 1925 – s 7 Interpretation Act 1978 – service of notices – waiver of invalidity of notices – s20B Landlord and Tenant Act 1985, contents of notices – appeal allowed. Citations: [2017] UKUT 150 (LC) Links: Bailii Statutes: Law of Property Act 1925 … Continue reading London Borough of Southwark v Akhtar Re: 11 and 54 John Kennedy House: UTLC 20 Apr 2017
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
The claimants were tenants who sought damages from their local authority landlords, for failing to remedy defects such as mould, mildew, and condensation in the dwellings let to them. The defects were a result of the design of the building. They asked the court to revisit the law settled in the Quick case in the … Continue reading Lee v Leeds City Council; Ratcliffe and Others v Sandwell Metropolitan Borough Council: CA 21 Jan 2002
UTLC LANDLORD AND TENANT – service charges – applicability of Landlord and Tenant Act 1985, s20B – payment from reserve funds – whether a demand – Gilje v. Charlegrove followed Mole QC HHJ [2010] UKUT 403 (LC) Bailii Landlord and Tenant Act 1985 20B England and Wales Landlord and Tenant Updated: 23 January 2022; Ref: … Continue reading Brennan v St Paul’s Court Ltd: UTLC 11 Nov 2010
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six years prior to the date of application – preliminary decision of LVT finding appellant time barred on basis of … Continue reading Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014
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
UTLC LANDLORD AND TENANT – service charges — application to First-tier Tribunal for certificate of recognition in respect of a tenants’ association — Landlord and Tenant Act 1985 section 29 — proper approach by First-tier Tribunal to such an application [2015] UKUT 11 (LC) Bailii Landlord and Tenant Act 1985 29 England and Wales Landlord … Continue reading Rosslyn Mansions Tenants’ Association v Winstonworth Ltd: UTLC 12 Jan 2015
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit would be insufficient. Held: The agreement to increase the rent was … Continue reading Bankway Properties Ltd v Penfold-Dunsford and Another: CA 24 Apr 2001
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
UTLC LANDLORD AND TENANT – service charges – costs – section 20C, Landlord and Tenant Act 1985 – jurisdiction to make an order in favour of tenants not identified in application – failure to give notice of application to respondent – waiver of procedural irregularity – appeal allowed Martin Rodger QC, Deputy President [2014] UKUT … Continue reading SCMLLA (Freehold) Ltd Re Cleveland Mansions, and Southwold Mansions: UTLC 11 Feb 2014
Determination of Service Charge-Section 27A Landlord and Tenant Act 1985 [2015] UKFTT RP – CHI – 45UG – Bailii England and Wales Landlord and Tenant Updated: 17 November 2021; Ref: scu.626600
S20C Landlord and Tenant Act 1985 [2015] UKFTT RP – LON – 00BE – Bailii England and Wales Landlord and Tenant Updated: 17 November 2021; Ref: scu.626563
UTLC LANDLORD AND TENANT – service charges – LVT determined charges reasonable – accountancy evidence disputing charges had been incurred – s.27A Landlord and Tenant Act 1985 – LVT failed to have regard to tenant’s evidence and failed to determine if charges actually incurred before determining reasonableness [2013] UKUT 153 (LC) Bailii Landlord and Tenant … Continue reading Brown and Another v Island Homes Housing Association Ltd: UTLC 13 May 2013
The defendant tenant had disputed payment of water service charges and stopped paying them. The Council obtained a possession order which was suspended on payment or arrears by the defendant at andpound;5.00. The tenant said that when varying the terms of the tenancy to add collection of water rates, the council had failed to comply … Continue reading Rochdale Borough Council v Dixon: CA 20 Oct 2011
The claimant had applied for judicial review of a decision by the defendant to seek to recover a debt from them. The issue had however been settled in the County Court. Costs were ordered against them, and they now appealed. In a small company the chief manager and owner suffered a severe head injury, and … Continue reading Valentines Homes and Construction Ltd, Regina (on The Application of) v HM Revenue and Customs: CA 31 Mar 2010
