The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995
Citations: [1975] 1 WLR 177 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – C A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003 A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed … Continue reading Sun Alliance and London Assurance Ltd v Hayman: 1975
The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI ‘s consent. The C and G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, … Continue reading Cheltenham and Gloucester Plc v Appleyard and Another: CA 15 Mar 2004
The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might in fact remedy the breaches before the end of the tenancy. The tenant … Continue reading Crewe Services and Investment Corporation v Silk: CA 2 Dec 1997
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord … Continue reading Crosspite Ltd v Sachdev and Others: UTLC 25 Sep 2012
UTLC LANDLORD AND TENANT – service charges – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1927 s27A – appeal allowed Citations: [2012] UKUT 323 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1927 27A Jurisdiction: England and Wales Landlord and Tenant Updated: 05 … Continue reading Birmingham City Council v Keddie and Another: UTLC 25 Sep 2012
Applications for leave to appeal. Citations: [2001] EWCA Civ 1927 Links: Bailii Jurisdiction: England and Wales Litigation Practice, Insolvency, Landlord and Tenant Updated: 12 October 2022; Ref: scu.218607
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected. Held: The landlord was entitled when granting consent to take into account possible adverse effects on his own business interests and was therefore able to impose … Continue reading Sargeant, and Sargeant v Macepark (Whittlebury) Limited: ChD 8 Jun 2004
The tenant served two notices under the Act. Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four months of the first. Citations: [1997] EWCA Civ 2863, [1998] … Continue reading Railtrack Plc v Gojra and Gojra: CA 28 Nov 1997
A share in a marina had been inherited by one brother whose application to grant successive sub-lcences of it to the other two was rejected by the marina, who said that this was not permitted. The marina appealed a finding that it had to make its decision on the licence in good faith. Held: The … Continue reading Lymington Marina Ltd v MacNamara and others: CA 2 Mar 2007
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed. Held: The damage to the reversion should have been inferred from the estimated cost of repairing … Continue reading Latimer and Another v Carney and others: CA 27 Oct 2006
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
The tenant claimed that he had been injured when as the upper portion of a window was being opened one of the cords of the window sash broke and the top part of the window slipped down and caught and injured his hand. The plaintiff admitted that the defect was latent one (of which the … Continue reading Morgan v Liverpool Corporation: CA 1927
The court considered the reasonableness of the withholding of consent under the Act: ‘the landlords have unconditionally withheld their consent and made no condition as to payment of any compensation in respect of damage to or diminution in the value of the premises. Having so failed, they have abstained from claiming the benefit of sub-s. … Continue reading Lambert v FW Woolworth and Co Ltd: CA 1938
The lease contained a reservation which would allow the freeholder to build upon his neighbouring land whether or not it obstructed any rights of light in the demised premises. Held: The reservation was effective to prevent a right of being acquired by the tenant by prescription.Eve J said: ‘The question is whether the words I … Continue reading Foster v Lyons and Co: 1927
The Plaintiff had given an oral guarantee to P that the Defendant would pay for certain goods ordered by him from P: if the Defendant did not pay P for the goods, he (the Plaintiff) would do so. The Defendant did not pay the full amount due and the Plaintiff did so in his place. … Continue reading Alexander v Vane: 1836
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
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by ‘personal’ service or by leaving … Continue reading Chiswell v Griffon Land and Estates Ltd: CA 1975
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who now sought an indemnity from the defendant under the 1925 Act. To minimise the losses, … Continue reading Scottish and Newcastle Plc v Raguz: CA 6 Mar 2007
Caim for dilapidations on the termination of a lease of the Norton Building in Welwyn Garden City. Ramsey J [2013] EWHC 2227 (TCC), [2013] BLR 554, (2013) 149 Con LR 147, [2013] 5 Costs LR 758 Bailii Landlord and Tenant Act 1927 18(1) Landlord and Tenant, Costs Updated: 17 November 2021; Ref: scu.513786
UTLC LANDLORD AND TENANT – administration charges – charge for consent to underletting – whether precluded by statute – held that it was not – whether precluded if no provision for it in lease – held that it was not – reasonableness – Landlord and Tenant Act 1927 s 19(1)(a) and(b) – appeals allowedIn the … Continue reading Holding and Management (Solitaire) Ltd v Norton: UTLC 5 Jan 2012
The defendants were said to have conducted a disorderly house in providing exhibitions of a perverted nature.
Held: The common law offence of keeping a disorderly house is committed when the house is so conducted as to violate law and good . .
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
The section in the earlier Act was modified to give effect to the 1978 Act. Citations: [1990] 1 EGLR 92 Statutes: Landlord and Tenant Act 1927 23, Interpretation Act 1978 7 Jurisdiction: England and Wales Cited by: Explained – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a … Continue reading Lex Services plc v Johns: 1990
UTLC LANDLORD AND TENANT – administration charges – charge for consent to subletting – reasonableness – Landlord and Tenant Act 1927 s.19(1)(a) – appeal allowed Citations: [2012] UKUT 241 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1927 19(1)(a) Jurisdiction: England and Wales Landlord and Tenant Updated: 12 November 2022; Ref: scu.466661
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
Compensation – Compulsory Purchase – permissibility of heads of claim – compensation under section 19, Landlord and Tenant Act 1927 – right of pre-emption – severance and injurious affection under section 7, Compulsory Purchase Act 1965 – the no-scheme world Citations: [2019] UKUT 235 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 24 July … Continue reading 599 Developments Ltd v NNB Generation Co (HPC): UTLC 2 Aug 2019
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act. Held: The standard conveyancing meaning of the word ‘premises’ has long been established as meaning the subject matter of the habendum of the … Continue reading Whitley v Stumbles: HL 1930
LANDLORD AND TENANT – administration charges – charge for consent to underletting — reasonableness – Landlord and Tenant Act 1927 s 19(1)(a) – appeal allowed Citations: [2012] UKUT 3 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: scu.452847
The court considered the measure of damages for a tenant’s failure to comply with his covenant to repair where the premises did have redevelopment potential but a purchaser would still pay more if the premises were in a good state of repair.Neuberger J said: ‘In a case where the landlord has carried out the works … Continue reading Craven Builders Ltd v Secretary of State for Health: 2000
Premises had been sub-let under full repairing leases and the disrepair which was the subject of the landlord’s action against the head tenant was due to breaches by the sub-tenants of their repairing obligations, who had by the term date of the head lease applied for new tenancies under the 1954 Act. Held: There was … Continue reading Family Management v Gray: 1980
The tenant under a business lease served notice of his desire to carry out improvements. The landlord objected saying he would do them himself. The tenant withdrew his notice. The landlord did not go ahead. Held: The tenant having withdrawn his notice the landlord could enforce a right of entry himself to carry out the … Continue reading Norfolk Capital Group Ltd v Cadogan Estates Ltd: ChD 23 Jan 2004
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service. Held: Service of a notice under the Act on the tenant’s solicitors was valid and effective. … Continue reading Galinski v McHugh: 5 Oct 1988
The landlord let the ground floor and four rooms on the first floor to the tenant for one year. The tenant covenanted to keep and deliver up the premises in good and tenantable repair, but was in breach. The landlord redocorated the rooms and relet the premises, and sought the cost of redecoration. The tenant … Continue reading Jones v Herxheimer: CA 1950
the test for the application of section 18(1) depended on the intention of the landlord at the time when the tenancy came to an end [1942] 2 KB 38 Landlord and Tenant Act 1927 18(1) England and Wales Cited by: Cited – S Franses Limited v The Cavendish Hotel (London) Ltd SC 5-Dec-2018 The question … Continue reading Marquess of Salisbury v Gilmore: 1942
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at 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 … Continue reading Cunliffe v Goodman: CA 1950
UTLC LANDLORD AND TENANT – Administration Charges – purpose of covenant not to underlet without consent – charge for consent to underletting – whether payable in absence of express reference in lease – reasonableness – whether fee for registering underlease an administration charge – Landlord and Tenant Act 1927 s.19(1)(a) – Commonhold and Leasehold Reform … Continue reading Proxima Gr Properties Ltd v McGhee: UTLC 6 Feb 2014
A weekly tenant entered into an agreement with his landlord for tenancy for 1-year of a shop premises at a rent of pounds 3 a week period at the end of the year who held over at the same round and later was given notice to quit on the basis that he . .
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of … Continue reading Commercial Union Life Assurance Co Ltd v Moustafa: 1999
The court considered a claim for an indemnity under a bill of exchange which was said to be unenforceable. Citations: (1850) 5 Exch 345 Jurisdiction: England and Wales Cited by: Distinguished – Re Chetwynd’s Estate CA 1938 A liability arose on a joint and several promissory note, where it was clear that one of the … Continue reading Sleigh v Sleigh: 1850
The defendants appealed against their convictions under common law for keeping a disorderly house. They were landlords using an agreement requiring the tenant not to be used for immoral purposes. There was evidence of limited sexual activity. Only one girl had been seen and therefore the charge under the 1956 Act was withdrawn. Held: the … Continue reading Court, Regina v: CACD 9 Feb 2012
Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005
The claimants were underlessees of an office building. The offices had enjoyed a right of light for over a hundred years, and the freehold had acquired an easement of light by lost modern grant. The roadway having been closed, the defendant head landlords intended to build in a way which would interfere with the right. … Continue reading Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001
Citations: [1985] 1 EGLR 70 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, … Continue reading Italica Holdings SA v Bayadea: 1985
A liability arose on a joint and several promissory note, where it was clear that one of the two parties (C) was the principal debtor and the other (S) was, as between them, in the position of a guarantor. The note did not comply with the 1927 Act. Unaware of this, S paid what C … Continue reading Re Chetwynd’s Estate: CA 1938
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties acknowledged that section 11 of the 1985 Act could not be set aside by the contract. Held: The … Continue reading Edwards v Kumarasamy: SC 13 Jul 2016
The parties had settled their dispute and sealed it in a Tomlin Order. The court now asked as to its power to vary such an order. The order required the defendant to reopen a tendering process, but other tenderers now objected, and the council felt unable to give effect to the order. Held: The court … Continue reading Community Care North East (A Partnership) v Durham County Council: QBD 29 Apr 2010
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land. Held: The defendant was entitled to exercise and did validly exercise the break clause. The purpose … Continue reading Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004
The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants. Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ A landlord’s obligation to repair only arose when he had notice … Continue reading O’Brien v Robinson: HL 19 Feb 1973
Premises’ Defect – No Notice Liability on L The tenant’s wife was injured falling from defective stone steps leading from the kitchen to the back kitchen of the house. Under section the 1936 Act, the judge found the house not to have been kept in the state required. No notice of want of repair was … Continue reading McCarrick v Liverpool Corporation: HL 1947
