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
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995
‘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 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
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
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 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
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
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
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 – 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
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
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 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
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 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 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
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
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
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
LANDLORD AND TENANT – part 2 of the Landlord and Tenant Act 1987 – appointment of managers – extension of interim management orders – dispensing with preliminary notices Citations: [2012] UKUT 157 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: scu.462560
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 00KF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622964
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 00HN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622939
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623377
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623385
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623378
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.622985
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 38UE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622955
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 26UJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622956
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
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
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
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: 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 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
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
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 – appointment of manager – Landlord and Tenant Act 1987 s.24 as amended – landlord accepting that FTTTx entitled to conclude that a manager should be appointed – landlord objecting to the terms of the management order – whether such terms impermissibly wide and disproportionate [2015] UKUT 635 (LC) Bailii Landlord … Continue reading Queensbridge Investments Limited v Lodge and Others: UTLC 19 Nov 2015
To Dispense With The Requirement To Consult Leaseholders – 1985/1987 Act Decisions [2016] UKFTT RP – LON – 00AU – Bailii England and Wales Landlord and Tenant Updated: 05 January 2022; Ref: scu.624756
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
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell the buildings within Part I separately. A majority … Continue reading Kay-Green and Others v Twinsectra Limited: CA 15 May 1996
A consent order provided for a substantial payment to the tenant, who was claiming damages for failure to maintain the premises in good repair. The landlord now sought possession. Held: There was no implied admission that the landlord was entitled to possession under the section.Sir John Donaldson MR: ‘The question which then arises is whether … Continue reading Regina v Bloomsbury and Marylebone County Court, ex parte Blackburne: CA 1985
UTLC LANDLORD AND TENANT – appointment of manager – whether LVT had power to appoint a receiver – s.24 landlord and Tenant Act 1987 – management order granted largely management functions and words ‘and Receiver’ deleted [2013] UKUT 165 (LC) Bailii Landlord and Tenant Act 1987 24 England and Wales Landlord and Tenant Updated: 25 … Continue reading PC Residents (Finchley Road) Ltd v Abiola and Others: UTLC 8 Apr 2013
The tenant was a secure tenant who surrendered his tenancy anticipating buying the freehold. The surrender went through but not the purchase. The tenant stayed in occupation. Held: A statutory tenancy had come into being and proceedings were required to recover possession. A person who had contracted to buy the freehold reversion of a property … Continue reading Appleton v Aspin and Plane: CA 1987
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order. Held: McPhail suggested that ‘whereas as against squatters owners of land who obtained an order for … Continue reading Bristol City Council v Hassan and Glastonbury: CA 23 May 2006
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 landlords claimed that the tenants remained bound under the lease to occupy and use the premises and pay rent. The tenant said that it had exercised a break option. The landlord said that the break was not exercisable because it had otherwise been in breach of the lease, though that breach had been remedied. … Continue reading Trygort (Number 2) Ltd v UK Home Finance Ltd and Another: SCS 29 Oct 2008
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
LT LANDLORD AND TENANT – section 24 Landlord and Tenant Act 1987 – breadth of LVT’s power to appoint manager -reliance on decision of earlier LVT – whether application raised issue estoppel and/or abuse of process -Cawsand Fort decision – effect of change of law – exercise of power to dismiss under Regulation 11 of … Continue reading Schilling and Another v Canary Riverside Estate Management Ltd: LT 8 Sep 2008
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
The court considered the effect of section 62 of the 1925 Act.
Sir Nicholas Browne-Wilkinson V-C said: ‘The main intention of Section 62 was to provide a form of statutory shorthand rendering it unnecessary to include such words expressly in . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Wartime regulations were implemented which prohibited the building on land which was already subject to a building lease which required the lessees to erect several shops.
Held: Even if the doctrine of frustration could apply to a lease, the . .
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
tribunal appointed manager discharged – manager’s duty to account for funds received – consequences of manager’s failure to account – s.24, Landlord and Tenant Act 1987 – s.25, Tribunals, Courts and Enforcement Act 2007 – rule 8(5), Tribunal . .
Under section 24 of the Landlord and Tenant Act 1987 for an appointing a manager and under section 20C of the Landlord and Tenant Act 1985 . .
References: [2003] UKHL 67, Gazette 22-Jan-2004, [2004] STC 73 Links: House of Lords, Bailii Coram: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Walker of Gestingthorpe When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher … Continue reading Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003
References: [1999] EWCA Civ 2068 Links: Bailii Statutes: Landlord and Tenant Act 1987 24
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
Landlord and Tenant Act, 1987 section 24(4) AND (9) – Power of LVT to give directions to Manager – Incurring costs in attending Landlord’s application to discharge Order – appointing Manager Citations: [2003] EWLands LRX – 49 – 2002 Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant … Continue reading Morshead Mansions Ltd, Re: LT 2 Jul 2003
LANDLORD AND TENANT – fees and costs incurred by a manager appointed under s.24 Landlord and Tenant Act 1987 as amended . . terms of lease insufficiently wide to permit recovery under service charge provisions ( recoverability under terms of order which appointed the manager. Citations: [2006] EWLands LRX – 107 – 2005 Links: Bailii … Continue reading Taylor v Joshi: LT 15 Sep 2006
UTLC LANDLORD AND TENANT – appointment of manager – whether refusal to postpone hearing unfair – whether appropriate tribunal may confer power for manager to disclaim lease of commercial premises — s. 24, Landlord and Tenant Act 1987 – appeal allowed in part [2015] UKUT 55 (LC) Bailii Landlord and Tenant Act 1987 24 England … Continue reading Sennadine Properties Ltd v Heelis: UTLC 23 Feb 2015
Coleridge J: ‘the covenants must have been strictly kept, or, if broken, must have been satisfied for. So understood, the words import a condition precedent neither impossible nor unreasonable; and where that is clearly the case, the mere difficulty of performance, from the number or nature of the covenants to be performed, – a fact … Continue reading Grey v Friar: 1854
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair. Held: The appointment of the manager … Continue reading Taylor v Blaquiere: CA 14 Nov 2002
The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out … Continue reading Kerr v Stephens: CA 15 Feb 2006
The court was asked whether a lease constituted an incumbrance on a title: ‘In the first place, I am not satisfied that a lease was an incumbrance to these parties. It is true that in certain circumstancess a lease may be regarded as an incumbrance, but it seems to me that an incumbrance, normally, is … Continue reading District Bank v Webb: 1958
The appellant challenged a formal statutory demand which had led to his bankruptcy. The demand had included the anticipated cost of realising the charged property, and also had been inflated to allow for extra costs of dealing the appellant who was perceived to be recalcitrant and unco-operative. Held: The statutory demand could only include sums … Continue reading Owo-Samson v Barclays Bank Plc, Boyden: CA 21 May 2003
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
Application for The Variation of A Management Order Made Under S24, of The Landlord and Tenant Act 1987 Citations: [2015] UKFTT RP – LON – 00AN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626852
Where a party enters into an arrangement which can only take effect by the continuance of an existing state of circumstances, there is an implied engagement on his part that he will do nothing of his own motion to put an end to that state of circumstances.Lord Atkin said: ‘The arrangement between the parties appears … Continue reading Shirlaw v Southern Foundries (1926) Ltd: HL 1940
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the right to start the procedure. Held: There was no presumption … Continue reading Hemingway Realty Ltd v Clothworkers’ Company: ChD 8 Mar 2005
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the period of 35 minutes that he or she had … Continue reading Sim v Rotherham Metropolitan Borough Council: 1981
The head landlord had accepted a surrender of the head lease and granted a new lease. but for a longer term. The claimant company sought, on behalf of the qualifying tenants of the estate, an order for the disposal to it of the original lease under the 1987 Act. The landlord denied that it had … Continue reading Kensington Heights Commercial Company Ltd v Campden Hill Developments Ltd: CA 21 Mar 2007
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
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
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 24UP – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622952
UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – enforcement of FTT’s order requiring provision of documents and computer records – whether order complied with – whether order should be set aside – jurisdiction of Upper Tribunal in relation to enforcement of final orders of FTT – s.24(4), Landlord and Tenant Act 1987 – s.25, … Continue reading Coates v Marathon Estates Ltd: UTLC 1 Feb 2018
The word ‘premises’ in s 46(1) of the Landlord and Tenant Act 1987 means the subject matter of the letting and the section applied to an agricultural holding which included a dwelling house. S 48 of the Act was governed by s 46(1) which applied it ‘to premises which consist of or include a dwelling’. … Continue reading Dellhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc: 1994
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988