The court held that trivial services, the amount of which could be measured, did not amount to ‘attendance’ within the meaning of section 12(2)(i) of the 1920 Act. The rule had to be applied with robust vigour in favour of the tenant unless the protective object of the Act was to be substantially defeated. Judges: … Continue reading Wood v Carwardine: 2 Jan 1923
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
An unconditional order for possession was made against a statutory tenant under the Rent Acts, and execution of the order was then suspended by the court from time to time pursuant to powers contained in s 5(2). The court distinguished between an absolute but suspended possession order and a conditional order. Judges: Somervell LJ Citations: … Continue reading American Economic Laundry Ltd v Little: CA 1950
The plaintiff had lived with a woman tenant for over 20 years and they had been regarded in the neighbourhood as man and wife. Held: He could not thereby be deemed a member of her family for the Act of 1920. If their relationship was sexual ‘it seems to me anomalous that a person can … Continue reading Gammans v Ekins: CA 1950
A house was let on 28th August 1916 for a period of one month at the standard rent within the meaning of the Rent Restriction Acts, and the tenancy was thereafter from time to time renewed by tacit relocation. On 27th July 1920 and subsequent dates the landlord served on the tenant the statutory notice … Continue reading Kerr v Bryde: HL 3 Nov 1922
A public house was to be valued for rating under the 1869 Act. The question was whether the 1920 regulations, which limited the rent which could be charged, limited also the rating value. Held: The statutory hypothesis used in setting a rateable value of a hereditament is the means of establishing the value of the … Continue reading Poplar Assessment Committee v Roberts: HL 1922
The creditor was a tenant of rent-controlled premises who had been charged too much rent by his landlord. The bankrupt landlord’s trustee argued that the claim in respect of overpaid rent had been converted into a right to prove the debt in the bankruptcy, and that therefore any other method of recovery was barred. Held: … Continue reading Bradley-Hole v Cusen: CA 1953
The plaintiffs stayed at weekends at a cottage let for a fixed term of one year. The contractual term ended on 25 March 1921 and was not renewed. On 7 April, in the absence of the plaintiffs, the defendant sent the local blacksmith to the cottage, . .
The court was asked whether the plaintiff, a tenant of rooms to which (once enacted) the Act of 1920 applied and who had been excluded from possession by the landlord’s re-entry on the day that the Act came into force following service of a notice . .
The landlord, served a notice to quit, and obtained entry to the property without force and removed the doors and windows so that it could no longer be used as a dwelling. The plaintiff brought an action for trespass.
Held: After referring to . .
