swarb.co.uk - law index
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Landlord and Tenant - From: 1998 To: 1998
This page lists 107 cases, and was prepared on 02 April 2018.
MacFarlane v Falfield Investments Ltd; SCS 1998 - 1998 SC 14
Crean Davidson Investments Ltd v Earl Cadogan [1998] 2 EGLR 96
1998
Landlord and Tenant
A headlessee can be a "qualifying tenant" for the purposes of Chapters 1 and 2 of Part 1 of the 1993 Act.
Leasehold Reform, Housing and Urban Development Act 1993 101(3)
1 Citers
Fairline Properties Ltd v Hassan [1998] EGCS 169
1998
Landlord and Tenant
After a fire, the premises were unusable for two years. The tenant continued to assert his right of occupation, and wanted to return to occupation as soon as the premises were re-instated. Held: The tenant had remained in occupation for the purposes of the 1954 Act.
Landlord and Tenant Act 1954 23
Essexcrest Ltd v Evenlex Ltd [1998] 1 EGLR 69
1998
Landlord and Tenant
The parties wanted to enter into a business lease and to apply to the court for an order excluding protection under the 1954 Act. However they executed the lease and the tenant took up occupation before the order was obtained. Held: There was nothing to indicate any conditionality in the arrangement. The parties had created a secure tenancy, and it was too late to apply for an oorder excluding it from protection.
Landlord and Tenant Act 1954
Coppin v Bruce Smith [1998] EGCS 55
1998
Landlord and Tenant
The landlord resisted the renewal of the lease of a tennis club, saying that he intended to redevelop the site. Held: Planning permission had already been refused once, because of the loss of recreational facilities which would result. The landlord had an insufficiently realistic prospect of being able to redevelop the site.
Landlord and Tenant Act 1954
Star Rider Limited v Inntrepreneur Pub Co [1998] 1 EGLR 53
1998
Landlord and Tenant
A provision in the lease requiring payment of the rent "without any deduction or set off whatsoever" was effective to exclude any right of deduction or set-off.
1 Citers
BRS Northern Ltd v Templeheights Ltd and Another Gazette, 08 January 1998; [1998] 2 EGLR 182
8 Jan 1998
ChD
Neuberger J
Landlord and Tenant
A landlord was found to have unreasonably refused his consent to an assignment even though the purpose of assignment was to frustrate the landlord's development intentions.
Three grounds for withholding consent were advanced. Two of these were held to have been reasonable. The third was bad for two reasons, first, because it was not in the landlord's mind at any relevant time and, secondly, because it was bad in law. Having considered various English authorities (some of the ex facie conflicting) Neuberger J said: "In my judgment where, as here, a refusal of consent to an assignment is based on a number of reasons, the fact that one of those reasons is bad will not normally render the refusal unreasonable, assuming that the other reasons are good. As the observation in [Berenyi v Watford Borough Council [1980] 2 EGLR 38] and British Bakeries suggests, it seems to me that, ultimately, it is a question of considering the covenant and the refusal of consent in each case. Thus, it may be clear that the bad reason is by far the most important reason, and that the purportedly good reasons were merely makeweights; or it may be that the existence of the bad reason infects or vitiates what would otherwise, in the absence of the bad reason, be a good reason. However, in the absence of such special factors, I consider that what was agreed in British Bakeries... represents, at any rate prior to 1988, the law in relation to most covenants not to do something without landlords' consent, such consent not to be unreasonably withheld...".
Landlord and Tenant Act 1988
1 Citers
Burton v Camden London Borough Council Times, 15 January 1998; Gazette, 28 January 1998
15 Jan 1998
CA
Housing, Landlord and Tenant
A deed of release executed by one joint tenant in favour of the other did not bind the landlord. Save that in a periodic tenancy the old tenant would be released on the next renewal.
London (1967 Act Decisions) [1998] EWLVT 28
19 Jan 1998
LVT
Landlord and Tenant
Leasehold Reform Act 1967
[ Bailii ]
Bassairi Limited v London Borough of Camden [1998] EWCA Civ 34
19 Jan 1998
CA
Landlord and Tenant
Appeal against refusal of lease renewal.
Landlord and Tenant Act 1954
[ Bailii ]
London Borough of Barnet v Florence Taiwo and F Sanya [1998] EWCA Civ 36
19 Jan 1998
CA
Landlord and Tenant
Appeal against possession order.
[ Bailii ]
Adagio Properties Limited v Salom Ansari Gazette, 04 February 1998; [1998] EWCA Civ 49
22 Jan 1998
CA
Landlord and Tenant
The requirement on a landlord to specify the breach in a s146 notice, did not require each specific detail to be given; the notice must give the tenant however opportunity to remedy the defects. The landlord had become concerned that the tenant was not acting in accordance with the lease, but had not been allowed access. Held: The requirement was for the tenant to be told of what repair was required but not how it was to be undeertaken. The judge confused the duty to specify the particular breach complained of, which the landlord is obliged to do, and giving particulars of the breach complained of which he is not obliged to do. The breach of the covenant in this case was very clear. The flat was divided into two. The notice clearly specifies the breach. It was therefore good.
Landlord and Tenant Act 1925 146
1 Cites
[ Bailii ]
A H Cornish (Appleton) Limited v David Morgan [1998] EWCA Civ 48
22 Jan 1998
CA
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) [1998] EWLVT 29
26 Jan 1998
LVT
Landlord and Tenant
[ Bailii ]
Trentpeak Ltd v Upgrade Management Ltd [1998] EWCA Civ 71
26 Jan 1998
CA
Landlord and Tenant
[ Bailii ]
Sukhdev Singh Dosanjh v Kishwar Shah [1998] EWCA Civ 108
29 Jan 1998
CA
Landlord and Tenant, Litigation Practice
[ Bailii ]
Aldrich and Another v P Samuels [1998] EWCA Civ 180
9 Feb 1998
CA
Landlord and Tenant
Application for leave to appeal against possession order.
[ Bailii ]
Heathrow Airport v Forte (UK) Ltd and Others; ChD 11-Feb-1998 - Gazette, 11 February 1998; [1998] EuLR 98
Blasi v Finanzamt Munchen C-346/95; [1998] ECR 1-481; [1998] EUECJ C-346/95
12 Feb 1998
ECJ
European, VAT, Landlord and Tenant
ECJ Article 13.B(b)(1) of Sixth Directive 77/388 on the harmonisation of the laws of the Member States relating to turnover taxes may be construed as meaning that the provision of short-term accommodation for guests is taxable, as constituting the provision of accommodation in sectors with a function similar to that of the hotel sector. In that regard, Article 13.B(b)(1) does not preclude taxation in respect of letting agreements concluded for a period of less than six months, if that duration is deemed to reflect the parties' intention. It is, however, for the national court to determine whether, in a case before it, certain factors (such as the automatic renewal of the letting agreement) suggest that the duration stated in the letting agreement does not reflect the parties' true intention, in which case the actual total duration of the accommodation, rather than that specified in the letting agreement, would have to be taken into consideration. A distinction drawn by Member States, who enjoy a margin of discretion in this regard, between accommodation in the hotel sector and the letting of dwelling accommodation on the basis of its duration constitutes an appropriate criterion of distinction, since one of the ways in which hotel accommodation specifically differs from the letting of dwelling accommodation is the duration of the stay, and the use to this end of the criterion of the provision of short-term accommodation, being defined as less than six months, appears to be a reasonable means by which to ensure that the transactions of taxable persons whose business is similar to the essential function performed by a hotel, namely the provision of temporary accommodation on a commercial basis, are subject to tax.
1 Citers
[ Bailii ]
Rugby Park Properties 11 Ltd v David Hamilton [1998] EWCA Civ 232
12 Feb 1998
CA
Potter, May LJJ
Landlord and Tenant
Appeal by former tenant after refusal of relief from forfeiture.
[ Bailii ]
Martin v Maryland Estates Limited [1998] EWCA Civ 249
16 Feb 1998
CA
Landlord and Tenant
Leasehold Reform Housing and Urban Development Act 1993
[ Bailii ]
Bacchiocchi v Academic Agency Limited; CA 20-Feb-1998 - Times, 03 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 308; [1998] 2 All ER 241; [1998] 1 WLR 1313
Meynell Family Properties Limited v Vilma Patricia Meynell [1998] EWCA Civ 314
20 Feb 1998
CA
Landlord and Tenant
1 Cites
[ Bailii ]
In Re Lee (A Bankrupt) Times, 24 February 1998; Gazette, 08 April 1998
24 Feb 1998
ChD
Landlord and Tenant, Insolvency
An order vesting a lease disclaimed by the trustee in bankruptcy, in a mortgagee, may provide that any profit which is made on a re-sale of the lease was to be paid on to the receiver for the benefit of creditors.
Insolvency Act 1986 320
1 Cites
1 Citers
Fuller Smith and Turner Plc v Brewitt [1998] EWCA Civ 344
25 Feb 1998
CA
Landlord and Tenant
[ Bailii ]
Calcott v Js Bloor (Measham) Ltd Times, 05 March 1998; Gazette, 01 April 1998; Gazette, 26 February 1998
26 Feb 1998
CA
Agriculture, Landlord and Tenant
The conversion of an agricultural tenancy for less than year, to a tenancy from year to year, operated from the original agreement date, not the end of period of the first tenancy. The application of the section to the tenancy meant that the tenancy began immediately and the terancy was determinable accordingly on the anniversary.
Agricultural Holdings Act 1986 2(1)
London (1967 Act Decisions) [1998] EWLVT 30
27 Feb 1998
LVT
Landlord and Tenant
[ Bailii ]
Village Cay Marina Limited v John Acland and others [1998] UKPC 11
4 Mar 1998
PC
Lord Lloyd of Berwick, Lord Nolan, Lord Hoffmann, Lord Hope of Craighead, Sir Andrew Leggatt
Commonwealth, Landlord and Tenant, Company
(British Virgin Islands)
[ Bailii ]
Peter Robert Matthews v Mohammed Medhi Pournasrollahzadeh and Susan Avis Pournasrollahzadeh [1998] EWCA Civ 425
9 Mar 1998
CA
Landlord and Tenant
The tenant fell into arrears, and discussed a surrender with the landlord. It had been intended that the landlord would waive any arrears, but he then claimed that there had been an implied surrender by law, and that the arrears remained. Held: At the time when the surrender took place, there was in place no agreement to waive arrears. There had been an agreement that the tenant should be released from future obligations. However a clause preserved the debt as against the appellant, and that debt remained.
1 Cites
[ Bailii ]
Braid v Walsall Metropolitan Borough Council [1998] EWCA Civ 428
10 Mar 1998
CA
Landlord and Tenant
[ Bailii ]
Southwark London Borough Council v Mills and Others; ChD 11-Mar-1998 - Times, 11 March 1998; [1998] 3 WLR 49
Guy David Pearson v Haringey Council [1998] EWHC Admin 313
12 Mar 1998
Admn
Rating, Landlord and Tenant
Appeal by landlord against ruling on liability of council tax on tenanted properties.
[ Bailii ]
Rainbow Estates Ltd v Tokenhold Ltd and Another Times, 12 March 1998; Gazette, 16 April 1998; [1998] 2 All ER 880; [1998] 2 EGLR 38; [1999] Ch 64
12 Mar 1998
ChD
Landlord and Tenant
There is no current common law bar preventing enforcement of a Landlord's repair covenant by specific performance and this must be mirrored for the tenant's obligations also.
1 Citers
Coles and Others v William Hill Organisation Ltd; ChD 18-Mar-1998 - Gazette, 18 March 1998; [1999] L&TR 14
London (1967 Act Decisions) [1998] EWLVT 44
20 Mar 1998
LVT
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) [1998] EWLVT 31
27 Mar 1998
LVT
Landlord and Tenant
[ Bailii ]
Footwear Corporation Ltd v Amplight Properties Ltd Gazette, 01 April 1998; [1999] 1 WLR 551
1 Apr 1998
ChD
Neuberger J
Landlord and Tenant
The plaintiff was tenant of premises under a lease granted by the defendant's predecessor in title. He vacated the premises in July 1996, and on 17 November 1997 wrote asking the defendant for a licence to sublet them to a pet shop business. The plaintiff enclosed the proposed subtenant's accounts with the application. On 20 November 1997, the defendant, by telephone, indicated that consent would not be forthcoming because the pet shop use was inappropriate for the location and would diminish the value of the defendant's interest in the premises, and that the accounts were not strong enough. There was further discussion between the plaintiff and the defendant before, on 15 January 1998, the defendant confirmed that it was not prepared to grant consent. The defendant relied on the two reasons that it had previously given. The plaintiff claimed declarations that the defendant had unreasonably withheld its consent to the subletting, and that in the circumstances the plaintiff was entitled to sublet the premises to the proposed subtenant.
Held: The landlord's failure to state in writing why consent to the assignment applied for was being withheld, made his refusal of consent unreasonable, despite there being otherwise possible good grounds for such a refusal. He was not able later to put forward reasons not advanced at the time. "In other words, if the landlord does not within a reasonable time give his reasons for refusing consent in writing, then it is not open to him to rely on those reasons in court for justifying his withholding of consent. If Sir Richard Scott V-C. is correct, then a landlord, who has given reasons in writing for refusing his consent, cannot, when subsequently seeking to justify his refusal of consent, rely on reasons which he has not given. If that is right, then in a case where a landlord gives no reasons for refusing consent, it would seem very odd if he could subsequently rely on reasons which he had in his mind but had not specified. Therefore it seems to me to follow that the policy of the Act of 1988 is that a landlord who has not given his reasons for refusing consent within a reasonable time cannot thereafter justify his refusal of consent by putting forward any reasons even though he had them in his mind. Given that the Act specifically requires consent or refusal of consent in writing, I find it hard to see how one can resist the conclusion that, if I am right so far, reasons given orally are not sufficient. To put it more succinctly, the logic of Sir Richard Scott V-C's observations and decision in the Norwich Union case is that, construing the covenant together with the Act of 1988, it is not now open to a landlord to put forward reasons justifying the withholding of consent if those are reasons which were not put forward in accordance with section 1(3)(b), that is they were not reasons which were put forward in writing within a reasonable time. Mr Jones says, with some force, in relation to the facts of this case, that that produces an unfair result. The defendant made it clear what his reasons were and the plaintiff was in no doubt about them. I accept that, in this case, my conclusion might be perceived as wreaking something of an injustice on the defendant. However, as the Vice-Chancellor emphasised, the purpose of the Act of 1988 was, among other things, to introduce a degree of certainly, ie to enable parties to know where they stood. What was said in oral conversations can be the subject of fundamental and genuine dispute. Even in this case, where there is a substantial measure of agreement between the parties so far as what was said, there are small disputes which could have been significant, namely whether consent was clearly and genuinely refused and whether reasons were given. The advantage of the conclusion of principle I have reached is that, once one requires any refusal with reasons to be in writing, the court can be in no real doubt as to whether and when refusal was given and the reasons on which the refusal was based. Landlords on the whole should be aware of their obligations under the Act of 1988. I appreciate that there are many small, individual landlords. However, Parliament has taken the view that if the landlord wishes to object to an assignment for underletting, he must make his position clear within a reasonable time, and, in my judgment, he must make it clear in writing."
Landlord and Tenant Act 1988 1 2
1 Cites
1 Citers
London (1967 Act Decisions) [1998] EWLVT 32
2 Apr 1998
LVT
Landlord and Tenant
[ Bailii ]
Constance Margaret Gray and others v Dorothy Taylor Gazette, 20 May 1998; Times, 24 April 1998; [1998] EWCA Civ 603
2 Apr 1998
CA
Nourse LJ, Mummery LJ, Sir John Vinelott
Housing, Landlord and Tenant
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff's conditions of occupancy stated: "Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not pay rent." Held: The tenant's appeal failed and she did not have an assured tenancy. There had been no intention to create a tenancy: "A person who is selected as an almsperson becomes a beneficiary under the trusts of the charity and enjoys the privilege of occupation of rooms in the almshouses as a beneficiary. It is, in my judgment, wholly immaterial that, in this case, the appellant pays a weekly sum towards the cost of maintaining the almshouses and the essential services therein. " and "the weekly contribution paid by the almsperson goes towards the discharge of costs falling on the trustees, thereby liberating income of the charity for other purposes, including the maintenance of a reserve fund and the improvement and extension of the almshouses. The weekly charge is not rent payable under a tenancy. Indeed, it is historically the case that, until comparatively recently, almspersons were not required to pay any weekly sum. The introduction of a weekly sum came with the introduction of housing benefit, to which almspersons would normally be entitled; payment of a weekly sum not exceeding the housing benefit would not result in any net loss to the almsperson and in effect the housing benefit would be available to the charity. "
Housing Act 1988 1
1 Cites
1 Citers
[ Bailii ]
Storehouse Properties Ltd and Others v Ocobase Ltd; ChD 3-Apr-1998 - Times, 03 April 1998
Dolgellau Golf Club v Hett; CA 3-Apr-1998 - Times, 24 April 1998; [1998] EWCA Civ 621; [1998] 2 EGLR 75
Mattey Securities Limited v Ervin, Sutton, Mitchell; CA 3-Apr-1998 - [1998] EWCA Civ 625; [1998] 2 EGLR 66
London (1967 Act Decisions) [1998] EWLVT 33
6 Apr 1998
LVT
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) [1998] EWLVT 34
8 Apr 1998
LVT
Landlord and Tenant
Leasehold Reform Act 1967
[ Bailii ]
Cromwell Developments Ltd v William Hamilton Stewart Godfrey and others and Cromwell Developments Ltd v Wright and others [1998] EWCA Civ 663
8 Apr 1998
CA
Brown, Otton LJJ, Sir Christopher Staunton
Landlord and Tenant, Insolvency
[ Bailii ]
London (1967 Act Decisions) [1998] EWLVT 35
22 Apr 1998
LVT
Landlord and Tenant
Leasehold Reform act 1967 821
[ Bailii ]
Malcolm Frederick Bishop v John Hopkins; Paul Reynolds; Taylors Accountants and Acme Office Furniture [1998] EWCA Civ 745
30 Apr 1998
CA
Torts - Other, Landlord and Tenant
The tenant sought damages alleging wrongful interference with his goods which had been removed from the property.
[ Bailii ]
Maryland Estates Ltd v Joseph and Another Times, 06 May 1998; Gazette, 29 April 1998; Gazette, 28 May 1998; [1998] EWCA Civ 693; [1999] 1 WLR 83; [1998] 3 All ER 193
6 May 1998
CA
Beldam LJ, Bracewell LJ
Landlord and Tenant, Litigation Practice
A claim for rent arrears in County Court, was also to be read to include a claim for arrears (mesne profits) arising after the issue of the summons for possession and rent. The landlord will be entitled if relief from forfeiture is granted to all his arrears of rent and the rent until the date of the hearing.
County Courts Act 1984 138(3)
[ Bailii ]
Personal Representatives of W R Rees-Davies Deceased v City of Westminster [1998] EWCA Civ 793
7 May 1998
CA
Landlord and Tenant
Application for leave to appeal against dismissal of claim to Lands Tribunal.
1 Cites
1 Citers
[ Bailii ]
Mohammed Elnaschie and Lydia Elnaschie v Pitt Place (Epsom) Limited [1998] EWCA Civ 806; (1998) 78 P&CR 44
8 May 1998
CA
Landlord and Tenant
1 Citers
[ Bailii ]
Cambridge City Council v Henry Croft [1998] EWCA Civ 815
12 May 1998
CA
Landlord and Tenant
[ Bailii ]
Hussain and Another v Lancaster City Council; CA 14-May-1998 - Times, 27 May 1998; Gazette, 10 June 1998; [1998] EWCA Civ 834; [2000] QB 1; [1999] 4 All ER 125
Willison v Shaftesbury Plc [1998] EWCA Civ 844
15 May 1998
CA
Landlord and Tenant
[ Bailii ]
CE and KM Bowra (T/a Albion Properties) v Dwight Barker Unreported, 20 May 1998
20 May 1998
Mance J
Landlord and Tenant
A passing rent agreed between the parties on the renewal of a lease is some guidance, but not conclusive as to the rent which should be fixed by the court.
Landlrod and Tenant Act 1954 34(1)
1 Citers
El Naschie and Another v the Pitt Place (Epsom) Ltd; CA 27-May-1998 - Times, 27 May 1998
London (1967 Act Decisions) [1998] EWLVT 37
17 Jun 1998
LVT
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) (No 2) [1998] EWLVT 36
17 Jun 1998
LVT
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) WLVT 38 [1998] EWLVT 38
18 Jun 1998
LVT
Landlord and Tenant
[ Bailii ]
Irvine; Irvine v Harris; Twine; Waldock; Royal; Howell; Wells and Gayward (Sued on Their Own Behalf and on Behalf of All Other Members of the Kings Langley Angling Society) [1998] EWCA Civ 1043
19 Jun 1998
CA
Landlord and Tenant
[ Bailii ]
Simmonds v Powell, National Trust for Places of Historic Interest and Natural Beauty [1998] EWCA Civ 1062
22 Jun 1998
CA
Landlord and Tenant, Agriculture, Arbitration
Agricultural Holdings Act 1986
[ Bailii ]
Garston, Toulson, Nicholas and Gardner v Scottish Widows Fund and Life Assurance Society [1998] EWCA Civ 1091; [1998] 2 EGLR 73
25 Jun 1998
CA
Landlord and Tenant
The lease demised property "from the 24th day of June 1985 for a term of twenty years" with a break clause requiring six month's notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly terminated. Held: The notice would have been read as indicating a desire to break the lease on the effective date, and the error did not operate to defeat it. One of the main purposes of Part II of the 1954 Act is to enable business tenants, where there is no good reason for their eviction, to continue in occupation after the expiration of their contractual tenancies. It is not a purpose of the Act to enable a business tenant who has chosen to determine his contractual tenancy to continue in occupation on terms different from those of that tenancy.
Landlord and Tenant Act 1954 26(2)
1 Cites
[ Bailii ]
Maryland Estates Limited v Clare Frances Katherine Peploe [1998] EWCA Civ 1130
1 Jul 1998
CA
Landlord and Tenant
Application for leave to appeal against refusal of forfeiture for none-payment of rent.
[ Bailii ]
Garston and Others v Scottish Widows Fund and Life Assurance Society Gazette, 01 July 1998; Times, 14 July 1998
1 Jul 1998
CA
Landlord and Tenant
Notices served together breaking lease and requiring new lease but mistaking dates should be held valid where the combined intention was unmistakable, though on its own the mistaken statutory notice requiring new tenancy from wrong date would not stand. A statutory counter-notice had to be precisely correct since it exercised a defined function.
Landlord and Tenant Act 1954 26(2)
1 Cites
London (1967 Act Decisions) [1998] EWLVT 39
2 Jul 1998
LVT
Landlord and Tenant
[ Bailii ]
David John Passmore v Morland Plc, The Inntrepreneur Pub Company (CPC) Ltd, The Inntrepreneur Beer Supply Company Limited [1998] EWHC Ch 312
8 Jul 1998
ChD
Landlord and Tenant, Commercial
1 Citers
[ Bailii ]
Commissioners of Customs and Excise v Sinclair Collis Limited Times, 29 July 1998; Gazette, 09 September 1998; [1998] EWHC Admin 727; [1998] STC 841
9 Jul 1998
Admn
VAT, Landlord and Tenant
A licence fee paid to a shopkeeper for the installation of a cigarette vending machine in the shop and to maintain and operate it was a licence to occupy land and so was an exempt supply.
1 Citers
[ Bailii ]
London (1967 Act Decisions) (No 2) [1998] EWLVT 41
15 Jul 1998
LVT
Landlord and Tenant
[ Bailii ]
London (1967 Act Decisions) (No 1) [1998] EWLVT 40
15 Jul 1998
LVT
Landlord and Tenant
[ Bailii ]
Peter Simmons v Nili Salehi-Vivant [1998] EWCA Civ 1242
20 Jul 1998
CA
Landlord and Tenant
[ Bailii ]
Filross Securities Limited v Alan James Midgeley [1998] EWCA Civ 1248
21 Jul 1998
CA
Landlord and Tenant
[ Bailii ]
Gibbs Mew Plc v Graham Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Graham Gemmell [1998] EWCA Civ 1262; [1998] EuLR 588; [1999] 1 EGLR 43
22 Jul 1998
CA
Peter Gibson LJ, Mantell LJ, Schiemann LJ
Commercial, European, Landlord and Tenant
The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge's order in favour of the brewery was dismissed. The Court agreed with the majority in Greenalls. "There is no express requirement in [the Block Exemption] that the specification required must be by brand or denomination. Article 7 (1) (a) refers to beers supplied under the agreement as of a type; the tenant may be precluded from selling beers of that type supplied by other undertakings. Thus, the comparison between the agreement beers and those which he may not sell is by reference to the type of beer. The same comparison is apparent in Article 7 (1) (b), and there appears to be an assumption that the agreement will identify beers by type. Article 7 (2) defining drinks of the same type by reference to "their composition appearance and taste", is consistent with the interpretation of Gibbs Mew. Article 8 (2) (b) requires the tenant to have the right to obtain from other undertakings non-beer drinks "of the same type" as those supplied under the agreement but which bear different trademarks. "Type" there cannot mean brand or denomination. The regulation, in short, does not point to the specification having to be by brand or denomination but is consistent with it having to be by type. The present case differs from Delimitis in that in the lease itself are specified the types of beer and other drinks. The landlord cannot unilaterally enlarge the scope of the tie beyond those types. The landlord can change the brands or denominations on the price list, but unless it has freedom to do that, no brand or denomination could be added to or removed from the price list without a variation of the lease itself, requiring the tenants consent. That consideration seems to me to add practical force to the considerations based on the language of [the Block Exemption] which persuaded the majority in the Greenalls case." Though the tenant had had the benefit of protection under the 1954 Act, by hus conduct he had surrenedered his tenancy and taken an unprotected tenancy at will.
1 Cites
1 Citers
[ Bailii ]
Wallace and others v Manchester City Council Times, 23 July 1998; [1998] EWCA Civ 1166; [1998] 3 EGLR 38; [1998] 30 HLR 1111
23 Jul 1998
CA
Morritt LJ
Landlord and Tenant, Damages
Damages payable to a tenant for a landlord's failure to repair whilst the tenant remained in the property were not separate damages for discomfort and diminution in rental value since these amounted to the same thing: "for periods when the tenant remains in occupation of the property, notwithstanding the breach of the obligation to repair, the loss to him requiring compensation is a loss of comfort and convenience that results from living in a property that was not in the state of repair it ought to have been in if the landlord had performed his obligation" and "Thus the question to be answered is what sum is required to compensate the tenant for the distress and inconvenience experienced because of the landlord's failure to perform his obligation to repair? Such sum may be ascertained in a number of different ways, including, but not limited to a notional reduction in the rent. Some Judges may prefer to use that method alone (McCoy v Clarke), some may prefer a global award for discomfort and inconvenience (Calabar and Chiodi), and others prefer a mixture of the two (Sturoloson v Mauroux and Brent LBC v Carmel). But in my judgment they are not bound to assess damages separately under heads of both diminution in value and discomfort. Whilst in cases within the third proposition these heads are alternative ways of expressing the same concept."
The essence of calculating of quantum is that it is a contractual claim, not one in tort. The court sets out to quantify the difference in value between the disprepaired property and the property as it would be if the landlord had fulfilled the repairing obligation. Discomfort and inconvenience for the tenant are a part of this head, not a separate, tortious, head of damages.
1 Cites
1 Citers
[ Bailii ]
Cadogan Estates v Loder Dyer [1998] EWCA Civ 1285
24 Jul 1998
CA
Landlord and Tenant
Leave to appeal refused.
[ Bailii ]
RJB Mining (Uk) Limited v J W Hambleton and M J Hambleton [1998] EWCA Civ 1304
27 Jul 1998
CA
Land, Landlord and Tenant, Agriculture
[ Bailii ]
London Borough of Southwark v Mills and Others Times, 20 August 1998; Gazette, 09 September 1998; [1998] EWCA Civ 1319; [1999] 2 WLR 409
29 Jul 1998
CA
Schiemann, Mantell, Peter Gibson LJJ
Landlord and Tenant, Nuisance
The authority appealed against an award made in arbitration proceedings brought by its tenant who complained that she could hear everything happening in a neighbouring flat, even though the tenants of that flat wer acting reaosnably. Held: (Sir Peter Gibson dissenting) The appeal succeeded. A landlord's duty to provide quiet enjoyment under his covenant for that purpose, does not extend so far as to require an improvement in the sound-proofing of a building well beyond standards which had applied at the time when the houses were built.
Sir Peter Gibson said that if the noise made by neighbouring tenants in the course of their ordinary use of their flats amounted to an interference with Mrs. Tanner's reasonable use of her flat, she could be estopped from complaining only if she had expressly or impliedly consented to the noise.
1 Cites
1 Citers
[ Bailii ]
Newlon Housing Trust v Alsulaimen and Another; HL 29-Jul-1998 - Times, 20 August 1998; Gazette, 16 September 1998; [1998] UKHL 35; [1999] 1 AC 313; [1998] 4 All ER 1; [1998] 3 WLR 451
Egbudo v Crafword Emery and Crawford Emery [1998] EWCA Civ 1341
30 Jul 1998
CA
Landlord and Tenant, Housing
[ Bailii ]
London (1967 Act Decisions) [1998] EWLVT 42
4 Aug 1998
LVT
Landlord and Tenant
[ Bailii ]
Southall Properties Limited v R K Marya [1998] EWCA Civ 1385
5 Aug 1998
CA
Landlord and Tenant
Application for leave to appeal against order refusing relief for non-payment of rent. Refused.
1 Citers
[ Bailii ]
Electricity Supply Nominees Limited v The National Magazine Company Limited; The National Magazine Company Limited v Electricity Supply Nominees Limited, Matthew Hall Limited, Otis Plc, Dtz Debenham [1999] 1 EGLR 130
12 Aug 1998
TCC
Judge Hicks QC
Landlord and Tenant, Damages
Apportionment of service charges.
1 Citers
London (1967 Act Decisions) [1998] EWLVT 43
15 Aug 1998
LVT
Landlord and Tenant
[ Bailii ]
Rainbow Estates Ltd v Tokenhold Limited and Herman Herskovic [1998] EWCA Civ 1412
26 Aug 1998
CA
Landlord and Tenant, Costs
The respondent had sought leave to appeal a judgment that it pay several tens of thousands of pounds and execute works costing as much again. It appealed an order requiring security for costs. Held: It was pre-eminently a case in which an order for security for costs was appropriate, but a Mareva injunction should be varied to release some funds for the purpose.
1 Cites
1 Citers
[ Bailii ]
Personal Representatives of W R Rees Davies Deceased v City of Westminster [1998] EWCA Civ 1415
27 Aug 1998
CA
Landlord and Tenant
Leasehold Reform Act 1967
1 Cites
[ Bailii ]
National Grid Company Limited v M25 Group Limited [1998] EWCA Civ 1417
28 Aug 1998
CA
Landlord and Tenant
[ Bailii ]
Drew Morgan v Hamid-Zadeh [1998] EWCA Civ 1435
15 Sep 1998
CA
Housing, Landlord and Tenant
Housing Act 1988 S2 g11 - Landlord and Tenant Act 1987 48
1 Cites
1 Citers
[ Bailii ]
Shipshape 2000 Ltd v Harley Street Business Services [1998] EWCA Civ 1485
5 Oct 1998
CA
Landlord and Tenant
Appeal against condition of appeal to provide security for costs.
[ Bailii ]
Regina v Mayor and Burgesses of London Borough of Tower Hamlets ex parte Emily Von Goetz; CA 8-Oct-1998 - Times, 09 October 1998; Gazette, 11 November 1998; [1998] EWCA Civ 1507; (1999) 31 HLR 669
Lemmerbell Limited and Matthew Fraser Limited (Formerly Matthew Fraser Estates Limited) v Britannia LAS Direct Limited (Formerly LAS Direct Limited); CA 8-Oct-1998 - [1998] EWCA Civ 1506; [1998] 3 EGLR 67
Christopher Humphrey Sykes v Derek Harry [1998] EWCA Civ 1533
14 Oct 1998
CA
Simon Browne LJ
Personal Injury, Landlord and Tenant
The plaintiff sought damages against the defendant after he was severely injured by inhaling carbon monoxide fumes whilst a tenant of the defendant. The defendant sought to strike out the claim, saying that the plaintiff had himself maintained the fire which caused the injury. Held. The strike out application was misconceived and failed.
Defective Premises Act 1972 4 - Landlord and Tenant Act 1985 11
1 Citers
[ Bailii ]
Bennett Properties v H and S Engineering Unreported, 14, October 1998
14 Oct 1998
QBD
Kershaw QC J
Landlord and Tenant
The parties had been landlord and tenant and the lease was to be renewed for a second time. They negotiated and ageed terms for the next lease, including particularly a new rent, but the tenant did not execute the new lease. The landlord had properly served his section 25 notice, but the tenant had not served any counternotice. The lease expired. The tenant remained in possession paying rent demands including one apportioned between the changed rents, and two subsequent rent demands at the new rent. The tenant then served a notice expiring at the end of a quarter, but claimed that as a tenant holding over pending a new lease he was a mere tenant at will, and therefore not bound to give any notice. The landlord said that by acting as he had, a tenancy from year to year had been created, and that the notice was ineffective, and claimed rent until the next lawful date for termination of such a lease. The tenant counterclaimed for the landlord's failure to repair the roof amounted to a derogation from the grant despite the absence of any repairing covenants in the leases. Held. The landlord's claim succeeded, and the counterclaim failed. It was not possible to use the covenants for quiet enjoyment and for non-derogation from the grant to create an obligation to repair.
Though a mere payment and acceptance of rent was insufficient to allow an inference of a contractual tenancy, where there was a holding over in the context of a statutory protection, the common law presumption of the creation of a tenancy from year to year still applied where rent was paid by reference to an annual payment and where the demand for, and payment and acceptance of rent could not be explained solely by reference to that statutory protection.
Landlord and Tenant Act 1954 25
1 Cites
Dream Factory Ltd and Another v Crown Estate Commissioners Times, 22 October 1998
22 Oct 1998
ChD
Landlord and Tenant
An agreement for lease containing provision that it could not be revoked in circumstances where a full tenant would have the right to appeal against forfeiture, was enforceable in the terms stated though unhappily phrased. The notice was insufficient to determine the lease.
Harris v Bakaar; Muslim Aid Foundation Trust (a Company); Hackney Institute for Further Education and Persons Unknown [1998] EWCA Civ 1601
23 Oct 1998
CA
Landlord and Tenant
[ Bailii ]
Blenheim Leisure (Restaurants) Ltd and Simon Philip Langer and Carlos Guiseppe Luigi Cura and Westminster City Council : Westminster City Council and Blenheim Leisure (Restaurants) Ltd and Simon Philip Langer and Carlo Guiseppe Luigi Cura [1998] EWHC Admin 1024
2 Nov 1998
Admn
Landlord and Tenant
[ Bailii ]
Cadogan Estates Limited v Hugh Francis Morris; CA 4-Nov-1998 - [1998] EWCA Civ 1671; [1999] 1 EGLR 59
Wandsworth London Borough Council v Osei-Bonsu; CA 4-Nov-1998 - Times, 04 November 1998; Gazette, 04 November 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1594; [1999] L & TR 246; (1999) 31 HLR 515; [1999] 1 WLR 1011
Baxter v Mayor and Burgesses of London Borough of Camden (2) Times, 11 November 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1703; [2001] QB1
5 Nov 1998
CA
Landlord and Tenant, Nuisance, Housing
A tenant taking a lease of defective premises could not complain of nuisance arising from that defect in the absence of contractual or statutory obligations. Poor sound-proofing between flats no nuisance where there was no sound-proofing standard applicable
[ Bailii ]
Michaels v Harley House (Marylebone) Limited [1998] EWCA Civ 1714; [1999] 1 All ER 356
6 Nov 1998
CA
Landlord and Tenant, Estoppel
Landlord and Tenant Act 1987 5
[ Bailii ]
St Martins Property Investments Limited v CIB Properties Limited and Citibank International Plc [1998] EWCA Civ 1748
11 Nov 1998
CA
Landlord and Tenant
Rent review clauses.
[ Bailii ]
Mahoney v London Underground Limited [1998] EWCA Civ 1781
17 Nov 1998
CA
Landlord and Tenant
Appeal against refusal of of renewal of business tenancy.
Landlord and Tenant Act 1954
[ Bailii ]
Universities Superannuation Scheme Ltd v Marks and Spencer Plc [1998] EWCA Civ 1790
18 Nov 1998
CA
Landlord and Tenant
Construction of service charge.
[ Bailii ]
Cadogan v Morris Gazette, 25 November 1998
25 Nov 1998
CA
Landlord and Tenant
A notice claiming a right to acquire new lease, but which specified a nominal rent when a full rent and premium was clearly expected to be paid, was not a valid notice and would be set aside.
Leasehold Reform Housing and Urban Development Act 1993 42
Sarah Hougie (formerly known as Sarah Rabinowitz) v Laurence Kranat [1998] EWCA Civ 1860
26 Nov 1998
CA
Peter Gibson, Waller LJ
Landlord and Tenant, Damages
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting from the damages, the amount payable was reduced below the necessary figure. Held: The point was arguable and leave should be given.
Housing Act 1988 27 28
1 Citers
[ Bailii ]
Kingston Upon Thames Borough Council v Prince and An Times, 07 December 1998; Gazette, 13 January 1999
7 Dec 1998
CA
Housing, Landlord and Tenant
The system of acquiring a statutory tenancy by succession creates statutory rights which need not be limited by normal and other considerations. A minor is capable in law of acquiring such despite not being of legal age to be a tenant though equitable.
Housing Act 1985 87
Ingram and Another v Commissioners of Inland Revenue; HL 10-Dec-1998 - [1998] UKHL 47; [2001] AC 293; [[1999] 1 All ER 297; [1999] 2 WLR 90; (1999) STC 37
Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise; HL 15-Dec-1998 - Times, 17 December 1998; [1998] UKHL 50; [1999] 1 All ER 385; [1999] 1 WLR 174; [1999] STC 79
Cricket Ltd v Shaftesbury plc [1999] 3 All ER 283
16 Dec 1998
ChD
Neuberger J
Landlord and Tenant
The tenant had had two six month tenancies followed by a tenancy at will. He sought protection under the 1954 Act, saying that the total term exceeded 12 months. Held: A period which did not itself qualify under the Act could not be aggregated with earlier tenancies which failed similarly in order to create a tenancy which did have protection. A tenancy at will was not caught at all by the 1954 Act.
Landlord and Tenant Act 1954
1 Cites
National Grid Company Plc v M25 Group Ltd [1998] EWCA Civ 1968
21 Dec 1998
CA
Landlord and Tenant
[ Bailii ]
