Tag Archives: Landlord and Tenant
Peabody Donation Fund -v- Hay; CA 1986
After a warrant for possession has been executed, the court’s inherent jurisdiction to re-instate a tenant is available only where the original judgment is set aside or there is shown to have been some abuse of process in the obtaining … Continue reading
Filed under Housing, Landlord and Tenant
Dickinson -v- Boucher; 1984
A notice to pay rent which demands a greater sum than that which is actually due will be invalid. The action for recovery of possession is based on the failure to comply with the demand, not the fact of arrears. … Continue reading
Filed under Landlord and Tenant
O’Donoghue -v- Enterprise Inns Plc; ChD 29-Sep-2008
The tenant sought to appeal against an arbitration award as to his rent. He said that the arbitrator should have allowed him an oral hearing.Held: The claim failed: ‘the fact that the Arbitrator might have come to a different conclusion … Continue reading
Filed under Landlord and Tenant
Pontsarn Investments Ltd -v- Kansalis-Osaki-Pankki; ChD 22-Jul-1992
An expert’s decision on rent review terms was within his expertise and was unchallengeable.
Filed under Landlord and Tenant
Regina (Westminster City Council) -v- British Waterways Board; HL 1985
The tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, … Continue reading
Filed under Landlord and Tenant, Planning
Humber Oil Terminals Trustee Ltd -v- Associated British Ports; CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that … Continue reading
Filed under Landlord and Tenant
Cunliffe -v- Goodman; CA 1950
The court looked the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I will … Continue reading
Filed under Landlord and Tenant
Gregson -v- Cyril Lord Ltd; CA 1962
A landlord opposing the grant of a new tenancy on the basis that he wished to conduct his own business from the premises, need not show that everything is in place to conduct the new business, but must be able … Continue reading
Filed under Landlord and Tenant
Humber Oil Terminals Trustee Ltd -v- Associated British Ports; ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to demand … Continue reading
Filed under Commercial, Landlord and Tenant
St Marylebone Property Ltd -v- Tesco Stores Ltd; 1988
Complaints were made by tenants in a block as to the behaviour of other tenants. A covenant in a lease granted in the early 1950s, restricted the user of premises to that of ‘grocers provisions wine spirit and beer merchants’. … Continue reading
Filed under Landlord and Tenant
