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Railtrack Plc v Gojra and Gojra: CA 28 Nov 1997

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

Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 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

Morgan v Liverpool Corporation: CA 1927

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

Lambert v FW Woolworth and Co Ltd: CA 1938

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

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

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

Scottish and Newcastle Plc v Raguz: CA 6 Mar 2007

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

Hammersmatch Properties (Welwyn) Ltd v Saint-Gobain Ceramics and Plastics Ltd and Another: TCC 24 Jul 2013

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

Holding and Management (Solitaire) Ltd v Norton: UTLC 5 Jan 2012

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

Acts

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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, 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

Craven Builders Ltd v Secretary of State for Health: 2000

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

Norfolk Capital Group Ltd v Cadogan Estates Ltd: ChD 23 Jan 2004

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

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 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

Proxima Gr Properties Ltd v McGhee: UTLC 6 Feb 2014

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

Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

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

Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001

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

Edwards v Kumarasamy: SC 13 Jul 2016

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

Community Care North East (A Partnership) v Durham County Council: QBD 29 Apr 2010

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

Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004

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

O’Brien v Robinson: HL 19 Feb 1973

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

Court, Regina v: CACD 9 Feb 2012

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 . .