Tag Archives: Landlord and Tenant

Yewbright Properties Ltd -v- Stone; CA 1984

When considering the reasonableness of the alternative accomodation offered by the landlord to a tenant, its proximity to the workplace of the tenant and of his family must be considered. What is reasonable is a question of fact in each … Continue reading

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Filed under Landlord and Tenant

Cumming -v- Danson; CA 1942

The court considered what amounted to reasonable alternative accomodation.Held: it was the judge’s duty to take into account all relevant circumstances as they exist at the date of the hearing. There is a fundamental difference in the Rent Acts between … Continue reading

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Filed under Housing, Landlord and Tenant

In re Midland Railway Co’s Agreement, Charles Clay & Sons Ltd -v- British Railways Board; CA 1971

The lease agreement created a term for six months from 10 June 1920 and was to continue from half year to half year until determined. It was to be determined by three months’ written notice given by either party to … Continue reading

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Filed under Landlord and Tenant

Faidi and Another -v- Elliot Corporation; CA 16-Mar-2012

Tenants appealed against a refusal of of the ourt to make an order requiring the landlord to enforce a covenant as against a co-tenant said to be causing a nuisance. The co-tenant had, with the landlord’s consent installed wooden floors … Continue reading

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Filed under Landlord and Tenant, Litigation Practice

Eaton Square Properties Ltd -v- O’Higgins; CA 16-Nov-2000

The tenant of residential premises under a long lease was in possession, but had not taken a formal assignment. The landlord granted an underlease to a company whose ownership it shared with the tenant. This would allow the company to … Continue reading

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Filed under Landlord and Tenant

Eccles -v- Bryant and Pollock; CA 1947

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 … Continue reading

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Filed under Agency, Contract, Landlord and Tenant, Legal Professions

Cadogan and Another -v- Cadogan Square Ltd; UTLC 21-Apr-2011

UTLC LEASEHOLD REFORM – collective enfranchisement – price payable – whether hope value in respect of non-participating flats including caretaker’s flat – relativity – use of graphs or adjustment to market comparables to allow for benefit of Act – effect … Continue reading

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Filed under Landlord and Tenant

Bass Holdings Ltd -v- Morton Music Ltd; CA 1987

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 … Continue reading

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Filed under Landlord and Tenant

Cheryl Investments -v- Saldanha; CA 1978

Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.Held: The Act will apply so long as the business activity is a significant purpose of occupation. … Continue reading

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Filed under Housing, Landlord and Tenant

Basch -v- Stekel and Another; CA 25-Jul-2000

The deceased had given a guarantee of the tenant’s covenant given by his company under a lease. The court was asked whether the obligations under the guarantee survived his death after he company was wound up.Held: Chadwick LJ explained the … Continue reading

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Filed under Landlord and Tenant