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Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

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

Sun Alliance and London Assurance Ltd v Hayman: 1975

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

Birmingham City Council v Keddie and Another: 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

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

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

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

Acts

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

Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

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

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

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

Commercial Union Life Assurance Co Ltd v Moustafa: 1999

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

599 Developments Ltd v NNB Generation Co (HPC): UTLC 2 Aug 2019

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

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

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