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
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
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
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 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
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
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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
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
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
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
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
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
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 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
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 . .
