Citations: [2018] UKFTT RP – CAM – 00KF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.623580
Citations: [2018] UKFTT RP – CAM – 38UE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623502
An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 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
Application for leave to appeal – granted. Citations: [1999] EWCA Civ 1037 Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Citing: Cited – Stroud v Weir Associates CA 1987 The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of … Continue reading Howard and others v Kinvena Homes Limited: CA 19 Mar 1999
A contract is not conditional merely because it contains obligations which may be termed promissory conditions. The taxpayer company was the prospective tenant under a building agreement. By clause 4 it agreed to build a six-story office block in Reading and clause 4 provided that if the building was completely and satisfactorily finished the landlords … Continue reading Eastham v Leigh London and Provincial Properties Ltd: CA 1971
The tenants had sought to purchase the freehold under the 1987 Act. One tenant having signed an ‘irrevocable’ agreement to participate, withdrew his involvement in the purchase, and the remaining number of tenants were no longer a sufficient majority under the Act. Held: The individual tenant’s right not to participate in the purchase of a … Continue reading Mainwaring and Yeoman’s Row Management Limited v Trustees of Henry Smith’s Charity (No 2): CA 3 Oct 1996
The court considered an application for leasehold enfranchisement where a doorway had been constructed between the two ground-floor halls and the tenant of the two maisonettes occupied both together as his residence. Two residential units may constitute a single house although they were purpose-built for separate occupation and have always been in separate occupation, with … Continue reading Sharpe v Duke Street Securities: 1987
UTLC LANDLORD AND TENANT – variation of leases – dwelling house converted to three flats – application by freeholder and two leaseholders for variation of all leases to allow full recovery of costs incurred by freeholder in running block – requested variation order made by LVT – whether object of variation could be satisfactorily achieved … Continue reading Thirlaway v Masculet and Others: UTLC 29 Oct 2012
The parties had contracted for the sale of a property subject to a residential tenancy under the 1987 Act. The purchaser appealed refusal of specific performance, the court having found that it had failed to meet a precondition for serving a notice to complete. It had agreed to discharge liabilities to the seller, and contract … Continue reading Chinnock v Hocaoglu and Another: CA 29 Oct 2008
LANDLORD AND TENANT – tenants’ right of first refusal – purchase notice by tenants requiring transfer of freehold – original disposal by gift – whether price payable on transfer should be nil -Landlord and Tenant Act 1987 s 12B Citations: [2006] EWLands LRX – 15 – 2006 Links: Bailii Jurisdiction: England and Wales Landlord and … Continue reading Okonedo v Kirby and Another: LT 9 May 2006
Renewed application for permission to appeal. Citations: [2007] EWCA Civ 231 Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Citing: At Lands Tribunal – Cawsand Ford Management Co Ltd v Stafford and others LT 7-Nov-2006 LT LANDLORD AND TENANT – appointment of manager – lessees with incorporeal rights over land outside … Continue reading Cawsand Fort Management Co Ltd v Stafford and others: CA 21 Feb 2007
UTLC LANDLORD AND TENANT – variation of leases – application by landlords and majority of leaseholders for variation of all leases to allow replacement of communal heating system with individual boilers and recovery of management and legal costs through the service charge – appeal against LVT’s refusal to order recovery of management and legal costs … Continue reading Shellpoint Trustees Ltd and Another v Barnett and Others: UTLC 8 Oct 2012
The landlord appealed against an order for the sale of its reversion to the long lessees of the property. Held: The appeal failed. However it was incumbent on those serving a notice under section 27 to state precisely their objection to the continued management and ownership of the freehold by the landlord. Judges: Geraldine Andrews … Continue reading Arrowgame Ltd v Maxwell Brent Wildsmith and Others: ChD 22 Nov 2012
The respondent sought security for costs. One plaintiff was bankrupt, and an outstanding costs order had not been met. Held: The matter should not be adjourned pending an application for legal aid, and nor should the considerable interest in the case put the respondent at risk. Security for costs ordered. Citations: [1997] EWCA Civ 1920, … Continue reading Michaels and Michaels v Harley House (Marylebone) Limited: CA 20 Jun 1997
The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of … Continue reading Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address of agent: Acting Agent RM’ with the address. This notice … Continue reading Marath and Another v MacGillivray: CA 5 Feb 1996
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
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
Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should … Continue reading Urwick and Another v Pickard: UTLC 22 Nov 2019
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
LVT LANDLORD AND TENANT – variation of lease – covenant proposed by lessor providing for payment by lessees of fee of managing agent – lease otherwise remaining the same – held existing provision not unsatisfactory – decision of LVT reversed – Landlord and Tenant Act 1987 ss 35(2)(e) and (f) Citations: [2011] UKUT 264 (LC) … Continue reading Cleary and Others v Lakeside Developments Ltd: UTLC 7 Jul 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
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee was not entitled to claim the service charge. Held: There had been an estoppel … Continue reading Wembley National Stadium Ltd v Wembley (London) Ltd and Others: ChD 4 Apr 2007
The applicant claimed the right to purchase the freehold reversion for her home. The defendant said it was not held under a low rent so as to qualify, since the rent exceeded the rateable value as assessed. The rating list had been altered meantime from the two cottages to one combined listing. Held: Looking at … Continue reading Neville v Cowdray Trust Ltd and Another: CA 5 May 2006
LT LANDLORD AND TENANT – right to manage – applications to LVT dismissed because agreed that notices had not been given to landlords – claim by landlords for costs – whether notices had been ‘given’ for this purpose – whether RTM companies estopped from denying that they had been – held notices had not been … Continue reading Plintal Sa and Another v 36-48A Edgewood Drive Rtm Co Ltd and Another: LT 5 Mar 2008
LT LANDLORD AND TENANT – appointment of manager – lessees with incorporeal rights over land outside the curtilage of the building – held power to include such land in management order – Landlord and Tenant Act 1987 section 24(1). Citations: [2006] EWLands LRX – 145 – 2005 Links: Bailii Statutes: Landlord and Tenant Act 1987 … Continue reading Cawsand Ford Management Co Ltd v Stafford and others: LT 7 Nov 2006
The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held in trust. The landlord sought to use the fund to pay its … Continue reading St Mary’s Mansions Ltd v Limegate Investment Co Ltd, Sarruf and others: CA 11 Oct 2002
UTLC LANDLORD AND TENANT – service charges – proceedings transferred to LVT from county court – LVT remitting case to county court on basis that it had no jurisdiction – whether demand on which claim based was in respect of service charges – held that it was – held that LVT had jurisdiction – whether … Continue reading Staunton v Kaye and Another: UTLC 9 Aug 2010
The court discussed the nature and purpose of rent review clauses: ‘There is no doubt that the general object of a rent review clause, which provides that the rent cannot be reduced on a review, is to provide the landlord with some measure of relief where, by increases in property values or falls in the … Continue reading Equity and Law Life Assurance Society plc v Bodfield Ltd: CA 1987
UTLC SERVICE CHARGE – whether there is jurisdiction to vary as unsatisfactory the computation of service charges payable under a lease on grounds other than those set out in section 35(4) of the Landlord and Tenant Act 1987 Citations: [2009] UKUT 186 (LC), [2010] 1 P and CR 17 Links: Bailii Jurisdiction: England and Wales … Continue reading Morgan v Fletcher and Others: UTLC 28 Sep 2009
UTLC LANDLORD AND TENANT – variation of lease – Landlord and Tenant Act 1987 sections 35 and 38 – whether the leases should be varied so as to require landlord to pay the tenants costs of variation – appeal allowed Citations: [2010] UKUT 70 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England … Continue reading Baystone Investments Ltd v Perkins and Others: UTLC 10 Mar 2010
LANDLORD AND TENANT – SERVICE CHARGE – apportionment – applicability and effect of section 27A(6) Landlord and Tenant Act 1985 and section 35 Landlord and Tenant Act 1987 Citations: [2018] UKUT 421 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 18 August 2022; Ref: scu.658645
Landlord and Tenant – Appointment of Manager – whether landlord in breach of obligation under tenancy – sufficiency of FTT’s findings of fact and reasons – failure to consider whether just and convenient to make appointment – ss.22-24, Landlord and Tenant Act 1987 – appeal allowed Citations: [2022] UKUT 209 (LC) Links: Bailii Jurisdiction: England … Continue reading Invergarry Court Ltd v Connolly and Others: UTLC 3 Aug 2022
The plaintiff told the defendant it was willing to grant a lease on the same terms as those contained in a new tenancy that the plaintiff had recently granted to the tenant of a nearby shop, also owned by the plaintiff. The defendant carried out improvements in reliance on that assurance. Held: The plaintiff was … Continue reading JT Developments v Quinn and Another: CA 1990
The tenant had the option to take a further lease on giving written notice of their desire ‘if it shall have . . performed and observed the several stipulations on its part to be performed and observed up to the date of [the notice]’. The question was whether the clause required the reading that past … Continue reading Bass Holdings Ltd v Morton Music Ltd: CA 1987
The Court considered whether a tenancy was a ‘protected shorthold tenancy’ within the meaning of section 52 of the Housing Act 1980 and therefore excluded from the protection of the Rent Act 1977. Held: A power to forfeit within the minimum year tenancy for the bankruptcy of the tenant, was not to be taken to … Continue reading Paterson v Aggio: CA 1987
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987
Appeal against order confirming the validity of the tenants’ notice under section 17. Judges: Rimer J Citations: [2002] EWHC 972 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1987 17 Jurisdiction: England and Wales Landlord and Tenant Updated: 24 July 2022; Ref: scu.441067
LT LANDLORD AND TENANT – variation of leases – Landlord and Tenant Act 1987 sections 35 and 38 – breach of natural justice (omission by LVT to take into consideration lessees’ submissions) – variation made taking into account attitudes of the parties in the light of impending enfranchisement (section 38(6)(b) applied). Citations: [2008] EWLands LRX … Continue reading Mawhood and Another v Sinclair Gardens Investments (Kensington) Ltd: LT 9 Jul 2008
The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the leasehold flats and their curtilages. Held: The appeal failed. The Act ‘requires a … Continue reading Cawsand Fort Management Company Ltd v Stafford and others: CA 20 Nov 2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947
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 defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were andpound;20,000, and that the tenant had done sufficient to be in material compliance with its … Continue reading Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006
The borough obtained a possession order of the secure tenancy of a flat occupied by their tenant for nuisance. It was suspended on terms for a certain period. They alleged further breaches shortly before the expiry of the possession order and they asked the period to be extended. The tenant did not appear at the … Continue reading Richmond v Kensington and Chelsea: CA 15 Feb 2006
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read ‘tenant’. Held: The tenant’s appeal failed. The judge was correct to allow … Continue reading Littman and Another v Aspen Oil (Broking) Ltd: CA 19 Dec 2005
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the tenant and the poor condition of … Continue reading Eyre and others v McCracken: CA 10 Mar 2000
Landlords took possession after a successful, at first instance, forfeiture claim. The tenant succeeded on appeal and then brought a claim for the wrong of breach of the covenant for quiet enjoyment. Held: The lease had been in existence all the time, despite the ‘wrong’ order for forfeiture. A person acting on the basis of … Continue reading Expert Clothing Service and Sales Ltd v Hillgate House Ltd: CA 1985
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions. Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against parties unwilling to grant them. ‘Since a cross-undertaking cannot be imposed, it follows that a fortiori … Continue reading Smithkline Beecham Plc and others v Apotex Europe Ltd and others: PatC 26 Jul 2005
The landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
Judges: Lord Justice Chadwick Lord Justice Clarke Lord Justice Carnwath Citations: [2005] EWCA Civ 1068 Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 June 2022; Ref: scu.229732
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
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
The landlord had obtained a possession order against his secure tenant. The order was suspended, but the landlord then failed to enforce the order after the date and when the tenant had failed to comply with the terms of the suspension. The tenant died. There was in the meantime a statutory succession and the court … Continue reading Sherrin v Brand: CA 1956
A lease of various buildings including a public house required the rent review to be carried out on the premise that the demise consisted of a bare site. The issue was whether the terms of the hypothetical letting and the valuation formula were to be the same as in the lease itself or whether they … Continue reading Basingstoke and Deane Borough Council v Host Group Limited: CA 1988
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996
Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants’ addresses as required under the Act. Held: The addresses were known or readily available to the landlord, and the notices were not invalid. The court could consider … Continue reading M25 Group Limited v Tudor and others: CA 4 Dec 2003
TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement regarding land at Belfast and Cardiff airports, having regard to the principles set out … Continue reading London and Regional Investments Ltd v TBI Plc and Others: CA 22 Mar 2002
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on the strength of that promise. JAD was given permission to store items there, but … Continue reading Lloyd and others v Dugdale and Another: CA 21 Nov 2001
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining propery that they would act in accordance with the retriction, but no re-assurance was given. Held: … Continue reading Oceanic Village Ltd v United Attractions Ltd, Shirayama: ChD 9 Dec 1999
The transfer of a freehold to an associated company was not a ‘relevant disposal’ for the purposes of the Act. Citations: Times 10-Mar-1997, Gazette 03-Apr-1997 Statutes: Landlord and Tenant Act 1987 Part I Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.83687
UTLC LANDLORD AND TENANT – service charges – whether landlord’s costs of leaseholders’ unsuccessful application to appoint manager recoverable as service charge – section 24, Landlord and Tenant Act 1987 – whether costs of leaseholders’ application to determine service charges recoverable as service charge – section 20C, Landlord and Tenant Act 1985 – whether LVT … Continue reading Conway and Others v Jam Factory Freehold Ltd: UTLC 10 Dec 2013
UTLC LANDLORD AND TENANT – variation of lease – validity of application – requirement that not more than 10% of tenants should be opposed to application – whether LVT had wrongly assessed number of tenants opposed to application – held they had not – appeal dismissed – Landlord and Tenant Act 1987 s 37(5) Citations: … Continue reading Dixon and Others v Wellington Close Management Company: UTLC 26 Mar 2012
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
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell. Held: The 1987 Act did not confer a right to pre-emption as such. Having gone … Continue reading Michaels and Michaels v Taylor Woodrow Developments Ltd, etc: ChD 19 Apr 2000
Citations: [2017] EWCA Civ 2362, [2018] 1 WLR 6051 Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.634255
1985/1987 Act Decisions Citations: [2013] UKFTT RP – BIR – 00CT – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622919
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
LT LEASEHOLD ENFRANCHISEMENT – price – calculation of the freehold value of the property with vacant possession and of the value of the flats with a share of the freehold -apparent agreement between experts upon valuation matters in fact concealing a disagreement. Citations: [2009] EWLands LRA – 5 – 2008 Links: Bailii Jurisdiction: England and … Continue reading RLG Drax A 1987 Settlement Trust v Kingsbere Court Management Company Ltd: LT 11 Feb 2009
Judges: Mr Justice Saville Citations: [1987] 2 Lloyd’s Rep 529 Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) Jurisdiction: England and Wales Cited by: Appeal from – Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti) CA 30-Nov-1989 … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the “Padre Island”) (No 2): 1987
The landlord had granted a lease, under which the tenant paid a security deposit on the signing of the lease. The deposit was returnable on the expiration of the term provided that there was no breach of any of it terms and conditions on the part of the tenant or else the deposit would be … Continue reading Hua Chaio Commercial Bank v Chiaphua Industries: PC 1987
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
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
Tenants getting together to buy their landlords’ interest must provide a notice which was correct and accurate. Gross mistakes listing dead and departed tenants invalidated the notice. Citations: Times 27-May-1998 Statutes: Landlord and Tenant Act 1987 12 Jurisdiction: England and Wales Landlord and Tenant Updated: 10 May 2022; Ref: scu.80282
The applicant tenant occupied property originally a pair of semi-detached derelict cottages and six acres of land. He successively reconstructed each cottage, initially living in one of them and sub-letting the other; constructed a five door garage building; and then obtained vacant possession of the sub-let cottage and opened up the dividing wall to make … Continue reading Dixon v Allgood: HL 1987
The court made reference to the ‘torrential style of drafting which has been traditional for many years’ among draftsmen of covenants in leases. ‘The use of ordinary language to convey meaning often involves subtle discriminations which for most people are intuitive rather than capable of lucid explanation. An explanation of why ordinary English words in … Continue reading Norwich Union Life Insurance v British Railways Board: 1987
An agreement in principle was marked ‘subject to contract’. The Government would acquire some flats owned the plaintiff Group of companies in return for the Government granting, inter alia, a lease to the Group of some Crown lands. The Government was allowed to and did take possession of the flats and spent money upon them … Continue reading Attorney General of Hong Kong v Humphreys Estate (Queen’s Gardens) Ltd: PC 1987
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987
Section 9(1A) of the 1967 Act makes no express reference to a ‘willing buyer’, but it is implied by the assumption of a sale in the ‘open market’. Judges: Fox LJ Citations: [1987] 1 EGLR 132 Statutes: Leasehold Reform Act 1967 9(1A) Jurisdiction: England and Wales Cited by: Cited – Earl Cadogan v Pitts and … Continue reading Dennis and Robinson Ltd v Kiossos Establishment: CA 1987
Slade J considered the availability of an order for specific performance of a positive covenant: ‘Whether or not this may be properly described as a rule of law, I do not doubt that for many years practitioners have advised their clients that it is the settled and invariable practice of this court never to grant … Continue reading Braddon Towers Ltd v International Stores Ltd: 1987
(High Court of Australia) The court consdered the situation where a surety was called after alteration of the contract secured: ‘to hold the surety to its bargain, the creditor must show that the nature of the alteration can be beneficial to the surety only or that by its nature it cannot in any circumstances increase … Continue reading Ankar Pty Ltd v National Westminster Finance (Australia) Ltd: 1987
The tenant had taken the lease in his own, name and later incorporated the business. He sought a new tenancy. Held: The company occupied the premises, not the claimant, and he was not entitled to a new lease. Citations: [1987] 2 EGLR 91 Statutes: Landlord and Tenant Act 1954 Landlord and Tenant Updated: 30 April … Continue reading Nozari-Zadeh v Pearl Assurance plc: 1987
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
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation. Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so called’ is one of law. The House made two particular points of general application on the … Continue reading Tandon v Trustees of Spurgeons Homes: HL 1982
Tenants sought to exercise their rights to purchase the freehold under the 1987 Act. The landlord had granted a reversionary lease of part to her husband. Held: The tenants took the freehold subject to the lease. Judges: Lady Fox Citations: [1990] 2 EGLR 230 Statutes: Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales … Continue reading Englefield Court Tenants v Skeels: LVT 1990
LANDLORD AND TENANT – APPOINTMENT OF MANAGER – s24 Landlord and Tenant Act 1987 – powers and procedures on appointment Citations: [2015] UKUT 530 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 April 2022; Ref: scu.655602
The Claimant challenged the decision of the First-tier Tribunal (Property Chamber) appointing a manager of property known as the Fort, Cawsand, Torpoint, Cornwall under Part II section 24 of the Landlord and Tenant Act 1987, on the ground that the tribunal went beyond its powers in purporting to appoint a manager of property which is … Continue reading Cawsand Fort Management Company Ltd, Regina (on The Application of) v Kane and Others: Admn 18 Nov 2014
Judges: Nugee J Citations: [2016] EWHC 3608 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.592668
Judges: Walden-Smith HHJ Citations: [2017] EWHC 877 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 25 March 2022; Ref: scu.583681
The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of the order which cut from 15 per cent to 10 per cent the maximum commission chargeable by a site owner on an occupier’s assignment of his mobile home that reduction … Continue reading Stroud v Weir Associates: CA 1987
The plaintiff had granted a tenancy of his substantial farm to the first defendant, and made him a partner. The first defendant later bought out the plaintiff who was in turn later reconciled with his only son who had previously had some considerable involvement with the farm. The plaintiff gave a general power to the … Continue reading Goldsworthy v Brickell: CA 1987
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
UTLC LANDLORD AND TENANT – SERVICE CHARGES – payment on account -approach to reasonableness of estimated expenditure where determination occurs after period of account – expenditure not incurred – whether to be taken into account – necessary adjustment – section 19(2), Landlord and Tenant Act 1987 – appeal dismissed Citations: [2017] UKUT 3 (LC) Links: … Continue reading Knapper and Others (Members of Point Curlew Tenants Association) v Francis and Another: UTLC 10 Jan 2017
Section 35 and Section 20C – 1985/1987 Act Decisions [2016] UKFTT RP – CAM – 00MG – Bailii England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.624680
UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – application for stay of appointment and for permission to appeal – standard to be applied to proposed appeals against discretionary decisions – use of first-tier tribunal’s power to give directions to manager or to amend order – s.24, Landlord and Tenant Act 1987 – applications refused … Continue reading Octagon Overseas Ltd and Another v Various Leaseholders: UTLC 1 Nov 2016
