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Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence … Continue reading Donegan v Dublin City Council and Others: 8 May 2008

Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Citations: [1954] 1 QB 446 Jurisdiction: England and Wales Cited by: Mentioned – Pirabakaran v Patel and Another CA 26-May-2006 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 … Continue reading Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974

The tenant requested a new lease and the renewal of personal rights attached to the first lease. Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is to give security of tenure to business tenants by, inter … Continue reading G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974

Manfield and Sons Ltd v Botchin: 1970

The tenant wished to occupy a shop, which the landlord wished to develop, but where the landlord awaited clearance of planning difficulties. The tenant was granted a tenancy at will. After occupying the property for more than four years, the tenant asserted security of tenure under the Act. Held: A tenancy at will expressly granted, … Continue reading Manfield and Sons Ltd v Botchin: 1970

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

Rothschild and Others v Bell (a bankrupt) and Another: CA 18 Feb 1999

The right of one of two joint tenants of residential premises under a long lease at a low rent to hold over under the Act, is a right in property and so vests in his trustee on bankruptcy, and the trustee can disclaim it, thus removing any right of possession. Citations: Times 10-Mar-1999, [1999] EWCA … Continue reading Rothschild and Others v Bell (a bankrupt) and Another: CA 18 Feb 1999

CE and KM Bowra (T/a Albion Properties) v Dwight Barker: 20 May 1998

A passing rent agreed between the parties on the renewal of a lease is some guidance, but not conclusive as to the rent which should be fixed by the court. Judges: Mance J Citations: Unreported, 20 May 1998 Statutes: Landlord and Tenant Act 1954 34(1) Jurisdiction: England and Wales Cited by: Cited – Trans-World Investments … Continue reading CE and KM Bowra (T/a Albion Properties) v Dwight Barker: 20 May 1998

Sight and Sound Education Limited v Books etc Limited: 1999

The tenant sought compensation on the termination of his tenancy, but had vacated the premises several months before the tenancy was due to expire. Held: He lost his right to compensation at the double rate. S37(3) required him to be in occupation for the period immediately preceding the termination of the tenancy. Citations: [1999] 43 … Continue reading Sight and Sound Education Limited v Books etc Limited: 1999

Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

The defendants, tenants of business premises had first sought a renewal of their lease, but then decided not to go ahead. The landlords appealed against the refusal by the lower court to award them their costs incurred. Held: The appeal succeeded. The new order had amended the procedures to allow the landlord to take the … Continue reading Trustees of the Portman Estate (Lay and Others) v Drexler and others (T/A Littlestone Martin Glenton): CA 18 May 2007

Bell and others v General Accident Fire and Life Assurance Corporation Ltd: CA 11 Dec 1997

The court was asked: ‘whether a company which has granted a lease of business premises in circumstances which would ordinarily mean that the provisions of the Landlord and Tenant Act 1954 (‘the Act’) applied can invoke s. 24 A of that Act even though it did not have title to the premises the subject of … Continue reading Bell and others v General Accident Fire and Life Assurance Corporation Ltd: CA 11 Dec 1997

Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997

The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of … Continue reading Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997

Edwards and Walkden (Norfolk) Ltd and Others v City of London: ChD 12 Sep 2012

Claims by tenants of stalls, shops and offices at Smithfield Market in London for new business tenancies to be granted at rents and on terms to be determined by the Court under Part II of the Landlord and Tenant Act 1954. Judges: Sales J Citations: [2012] EWHC 2527 (Ch) Links: Bailii Statutes: Landlord and Tenant … Continue reading Edwards and Walkden (Norfolk) Ltd and Others v City of London: ChD 12 Sep 2012

Andrews and Another v Brewer and Another: CA 17 Feb 1997

Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997

Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996

The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996

Graysim Holdings Ltd v P and O Property Holdings Ltd: CA 2 Mar 1994

‘Occupation’ by a tenant does not require physical occupation by him for him to have the right to renew the lease under the Act. A market operator letting all the stalls in a market area was a protected tenant. Judges: Lord Nicholls Citations: Gazette 13-Apr-1994, Times 02-Mar-1994 Statutes: Landlord and Tenant Act 1954 23(1) Part … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: CA 2 Mar 1994

City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm): CA 31 Mar 1993

An original Tenant is not liable for arrears arising on the tenancy extended by an assignee beyond the original term. The vesting of the leasehold estate in the tenant carried with it the burden of covenants that touched and concerned the land. Nourse LJ said that this category of covenant was ‘imprinted on the term’. … Continue reading City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm): CA 31 Mar 1993

Tan and Another v Sitkowski: CA 1 Feb 2007

The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007

EE Ltd and Another v Morrisss and Others: Misc 7 Jan 2022

(Mayors and City of London County Court) Judgment following the trial of an unopposed claim under the Landlord and Tenant Act 1954 for a new tenancy of a telecommunications site on a private estate in the Ashdown Forest. The Court is required to determine the terms of the new tenancy and the rent payable under … Continue reading EE Ltd and Another v Morrisss and Others: Misc 7 Jan 2022

Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others: CA 28 Aug 2002

Renewed application for leave to appeal against grant of an order that tenancy of car parking spaces be extended under the 1954 Act when enjoyed with occupation of public house. Held: The appeal was arguable and should proceed. Judges: Peter Gibson LJ Citations: [2002] EWCA Civ 1288 Links: Bailii Statutes: Landlord and Tenant Act 1954 … Continue reading Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others: CA 28 Aug 2002

Bell; Wigley and Williams v General Accident Fire and Life Assurance Corporation Plc: CA 29 Apr 1997

The landlord had mistakenly thought it owned the premises. The lease was granted and its course, creating a tenancy by estoppel. The tenant sought a new tenancy under the 1954 Act, but then withdrew their application. The landlord now sought interim rent. Judges: Waite LJ, Singer J Citations: [1997] EWCA Civ 1553 Links: Bailii Statutes: … Continue reading Bell; Wigley and Williams v General Accident Fire and Life Assurance Corporation Plc: CA 29 Apr 1997

On Tower Ltd v AP Wireless (II) (New Zealand Farm): Misc 26 Aug 2022

(Birmingham County Court) Judges: Martin Rodger QC, Deputy Chamber President, Upper Tribunal (Lands Chamber) (Sitting as a Judge of the County Court) Citations: [2022] EW Misc 6 (CC) Links: Bailii Statutes: Landlord and Tenant Act 1954, Digital Economy Act 2017 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 October 2022; Ref: scu.681431

Corporation of City of London v Fell and Others: HL 3 Dec 1993

The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and under statute, an incident of the ownership of the reversion. … Continue reading Corporation of City of London v Fell and Others: HL 3 Dec 1993

Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and Another: UTLC 8 Nov 2019

Electronic Communications Code – Jurisdiction – whether an operator occupying land under a tenancy to which Pt II, Landlord and Tenant Act 1954 applies may seek new rights under Part 4 of the Code – Parts 4, 5 of Sch.3A, Communications Act 2003 – transitional provisions – Sch.2, Digital Economy Act 2017 Citations: [2019] UKUT … Continue reading Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and Another: UTLC 8 Nov 2019

Pirabakaran v Patel and Another: CA 26 May 2006

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

Cornerstone Telecommunications Infrastructure v Ashloch Ltd and Another: CA 29 Jan 2021

Whether the Upper Tribunal has jurisdiction under Part 4 of the Electronic Communications Code, to impose Code rights over land in favour of an operator which is already in occupation of the same land under a tenancy granted before the Code came into force; and which is continuing after its contractual expiry date under section … Continue reading Cornerstone Telecommunications Infrastructure v Ashloch Ltd and Another: CA 29 Jan 2021

Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others: CA 8 Apr 2009

The parties had been involved in serial disputes regarding the management of leasehold apartments. It was now objected that the current case was an abuse of process. Held: The appeal against the stay succeeded. The new case had been flagged up to the defendants in the earlier proceedings and it was implicit in those proceedings … Continue reading Walbrook Trustees (Jersey) Ltd and Others v Fattal and Others: CA 8 Apr 2009

J Murphy and Sons Ltd v Railtrack Plc: CA 29 Apr 2002

A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be disregarded. Held: The absence of rights of access rights … Continue reading J Murphy and Sons Ltd v Railtrack Plc: CA 29 Apr 2002

Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010

The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had sublet parts of the premises to others (including the defendants) on long leases. Those … Continue reading Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010

Evis and Another v Commission for New Towns: LT 5 Jul 2001

COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease from authority – entitlement to compensation under Landlord and Tenant Act 1954 s 37 – whether such entitlement precludes compensation under 1973 Act … Continue reading Evis and Another v Commission for New Towns: LT 5 Jul 2001

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

HL Bolton (Engineering) Co Ltd v TJ Graham and Sons Ltd: CA 1957

The landlord asserted that a tenancy should not be renewed and claimed to have held the freehold for more than 5 years. Held: The Landlord had only become the reversioner to the lease after accepting a surrender of the head lease. The Act referred to the landlord having purchased his interest. That had not happened, … Continue reading HL Bolton (Engineering) Co Ltd v TJ Graham and Sons Ltd: CA 1957

Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

Tagro v Cafane and Another: CA 23 Jan 1991

The private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting that the prohibition of sub-letting and assignment in the lease meant that the market value of the … Continue reading Tagro v Cafane and Another: CA 23 Jan 1991

Stevens and Cutting Ltd v Anderson: CA 1990

The tenant served his s26 notice on the landlord and then began his application to the court. His application was however early. Held: The landlord did nothing to indicate his opposition or otherwise to a new tenancy and so was not estopped from objecting to the fault. There was a prima facie presumption that a … Continue reading Stevens and Cutting Ltd v Anderson: CA 1990

Morrison’s Holdings Limited v Manders Limited: CA 1976

The tenants had to cease trading after a fire next door. They asked the landlords to reinstate and said they wished then to resume trading. Following the landlord’s demolition and reconstruction of the premises the tenants sought a new tenancy. Held: They were so entitled. Applying Caplan: ‘I would put it in my own words … Continue reading Morrison’s Holdings Limited v Manders Limited: CA 1976

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: QBD 4 Jun 2019

The parties disputed the effect of agreements to exclude the protections of the 1954 Act, where the supporting notices failed correctly to specify the commencement dates of the terms granted. Judges: Judge Davis-White QC sitting as a High Court judge Citations: [2019] EWHC 1363 (Ch), [2019] WLR(D) 331 Links: Bailii, WLRD Statutes: Landlord and Tenant … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: QBD 4 Jun 2019

Manton Securities Ltd v Nazam (T/A New Dadyal Cash and Carry): CA 17 Jul 2008

Citations: [2008] EWCA Civ 805 Links: Bailii Statutes: Landlord and Tenant Act 1954 24 Jurisdiction: England and Wales Citing: Cited – Javad v Aqil CA 15-May-1990 P in possession – tenancy at will Until CompletionA prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of … Continue reading Manton Securities Ltd v Nazam (T/A New Dadyal Cash and Carry): CA 17 Jul 2008

Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Hardy and others v Fowle and Another: ChD 26 Oct 2007

Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered. Held: The lease had been surrendered by a deed. The defects in notice alleged did not affect the result. The bank’s claim under estoppel was made out. Judges: John Randall … Continue reading Hardy and others v Fowle and Another: ChD 26 Oct 2007

Vesely v Levy and others: CA 27 Apr 2007

The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007

Eccles v Bryant and Pollock: CA 1947

The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947

Zafiris and Another v Liu: CA 27 Jan 2005

The defendant landlord rejected the claimant’s application for a new tenancy, saying that his own wife’s occupation of part of the premises for her business was sufficient to allow him to require possession. Held: there was no authority for the proposition that a business of a landlord’s wife would be sufficient for this purpose. It … Continue reading Zafiris and Another v Liu: CA 27 Jan 2005

Lay and others v Ackerman and Another: CA 4 Mar 2004

Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a counter-notice but it misidentified the landlord. The landlord appealed a finding that his notice was invalid. … Continue reading Lay and others v Ackerman and Another: CA 4 Mar 2004

Hazel v Akhtar and Another: CA 12 Dec 2001

A landlord who had consistently accepted late payment of rent from his tenant could become estopped from refusing renewal of a business tenancy on the grounds of late payment of rent. That tenant’s conduct as regards payment of rent involving repeated minor breaches of his obligations under the lease had been acceptable to the landlords … Continue reading Hazel v Akhtar and Another: CA 12 Dec 2001

Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004

Dutch Oven Ltd v Egham Estate and Investment Co Ltd: ChD 1968

Megarry J was asked which was the relevant hearing when a court considered the condition of a landlord’s intention to redevelop premises to support a refusal of a new tenancy. He approved an application that the landlord’s ground of opposition be tried as a preliminary issue. Only if the landlord failed to establish his ground … Continue reading Dutch Oven Ltd v Egham Estate and Investment Co Ltd: ChD 1968

Sun Life Assurance Plc v Thales Tracs Ltd and Another: CA 10 May 2001

The landlord complained that the tenant, when he served his section 26 notice had had no intention of taking up a new lease. Held: The landlord’s contention was true, but the Act did not require anything beyond the notice. The section 26 notice itself was valid, even though as the tenant intended he had acquired … Continue reading Sun Life Assurance Plc v Thales Tracs Ltd and Another: CA 10 May 2001

Parsons and Another v George and Another: CA 13 Jul 2004

The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004

In Re Town Investments Ltd Underlease: ChD 1954

The court considered a proposed underletting at a rent well below the current market rent, and in consideration of a substantial premium. It had been refused by the Landlord. Held: The lessor had reasonably withheld consent. It was enough that the lessor has genuine, and not ‘unfounded’ concerns, on matters relevant to the value of … Continue reading In Re Town Investments Ltd Underlease: ChD 1954

Zarvos v Pradhan and another: CA 7 Mar 2003

The landlord had occupied the premises as a restaurant, but subsequently let it to the respondents. The landlord opposed renewal of the tenancy saying that it intended to recommence trading, and now appealed a finding in favour of the tenant. Held: The landlord had failed to show a sufficiently strong case that his plans had … Continue reading Zarvos v Pradhan and another: CA 7 Mar 2003

Pumperninks of Piccadilly Ltd v Land Securities Plc and others: CA 10 May 2002

The tenant sought a renewed tenancy under the Act, and the landlord opposed it saying that the property was to be redeveloped. The tenant contended that since his was an ‘eggshell’ tenancy, having a tenancy of surfaces within the property and not any part of the structure of the building, his tenancy could not be … Continue reading Pumperninks of Piccadilly Ltd v Land Securities Plc and others: CA 10 May 2002

London and Regional Investments Ltd v TBI Plc and Others: CA 22 Mar 2002

TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement regarding land at Belfast and Cardiff airports, having regard to the principles set out … Continue reading London and Regional Investments Ltd v TBI Plc and Others: CA 22 Mar 2002

Spring House (Freehold) Ltd v Mount Cook Land Ltd: CA 12 Dec 2001

A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there. Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor vehicles were not anticipated in the lease, but the words were not restricted … Continue reading Spring House (Freehold) Ltd v Mount Cook Land Ltd: CA 12 Dec 2001

Commissioners of Customs and Excise v Sinclair Collis Limited: HL 7 Jun 2001

The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines were not placed pursuant to a licence to occupy land, a licence of immovable … Continue reading Commissioners of Customs and Excise v Sinclair Collis Limited: HL 7 Jun 2001

Barclays Bank plc v Bee and Another: CA 10 Jul 2001

The landlord’s solicitors, by mistake, sent two notices to the tenant in the same letter. One notice opposed the grant of a new tenancy but on an invalid ground, and the other said a new tenancy would not be opposed. The tenant sought clarification. The landlord’s solicitors purported to withdraw both notices, and served a … Continue reading Barclays Bank plc v Bee and Another: CA 10 Jul 2001

Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998

To protect her estate from Inheritance Tax, the deceased gave land to her solicitor, but then took back a lease. The solicitor then conveyed the land on freehold on to members of her family. Held: The lease-back by the nominee was not void as a grant of a lease to herself. Lord Hoffmann said: ‘whether … Continue reading Ingram and Another v Commissioners of Inland Revenue: HL 10 Dec 1998

Elitestone Ltd v Morris and Another: HL 1 May 1997

The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997

Bennett Properties v H and S Engineering: QBD 14 Oct 1998

The parties had been landlord and tenant and the lease was to be renewed for a second time. They negotiated and ageed terms for the next lease, including particularly a new rent, but the tenant did not execute the new lease. The landlord had properly served his section 25 notice, but the tenant had not … Continue reading Bennett Properties v H and S Engineering: QBD 14 Oct 1998

Wandsworth London Borough Council v Winder: HL 1985

Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985

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

St Ermins Property Company Ltd v Patel and Others: CA 27 Jul 2001

A lease was granted for a long tenancy at a low rent. The premises were later divided into maisonettes, but were then again occupied jointly and as one unit. The tenants were found to be entitled to the protection of Part 1, and to a new lease at the same rent. The landlord had served … Continue reading St Ermins Property Company Ltd v Patel and Others: CA 27 Jul 2001

Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited: CA 21 Dec 2000

The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in response to demands sent to the company. The company had been … Continue reading Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited: CA 21 Dec 2000

PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants): ChD 8 Aug 2003

The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express provision. Held: The express preservation of the sub-lease allowed the sub-lease to continue. As to whether an … Continue reading PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants): ChD 8 Aug 2003

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Hertfordshire Investments Ltd v Bubb and Another: CA 25 Jul 2000

When considering an application for a re-hearing of a County Court action in order to consider and admit new evidence, the county court and High Court practice is now the same and the judge should consider the list of questions in Ladd v Marshall, although the new procedural environment required that they be implemented less … Continue reading Hertfordshire Investments Ltd v Bubb and Another: CA 25 Jul 2000

Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

When a court sets a new rent on an application for a new lease under the 1954 Act, the valuation date is, in practice, the date upon which it sets the new rent, taking effect from the date when the new lease is to be executed, although striclty according to the words of the section, … Continue reading Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

London and Regional Investments Ltd v TBI Plc and Another: ChD 1 Mar 2001

Judges: Peter Smith J Citations: Unreported March 2001 Jurisdiction: England and Wales Citing: Cited – Rossiter v Miller 1873 There is no significance in the fact that a formal written agreement, whether executed or not, is in different terms to the oral discussions leading up to it, subject of course to the appropriate authority of … Continue reading London and Regional Investments Ltd v TBI Plc and Another: ChD 1 Mar 2001

M and P Enterprises (London) Ltd v Norfolk Square Hotels Ltd: 1994

The freehold reversion on the lease had been divided between four landlords. Each landlord served a s25 notice relating to properties within their own area. Held: The landlords’ notices were invalid. They had to relate to the entire holding. The notices were insufficiently clear on this point and left the tenant prejudiced by the uncertainty. … Continue reading M and P Enterprises (London) Ltd v Norfolk Square Hotels Ltd: 1994

Brighton and Hove Council v Collinson: 2004

The parties had negotiated for a lease to a company with the directors acting as guarantors. Approval was obtained through the court to it being excluded from protection. The lease when actually executed had the directors substituted as tenants. They now claimed that they were secure tenants because the lease differed from that granted exclusion. … Continue reading Brighton and Hove Council v Collinson: 2004

Proctor and Gamble Technical Centres Limited v Brixton Estates plc: 2003

Citations: [2003] EWHC 285 Statutes: Landlord and tenant Act 1954 Jurisdiction: England and Wales Citing: Distinguished – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997 Minor Irregularity in Break Notice Not FatalLeases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the … Continue reading Proctor and Gamble Technical Centres Limited v Brixton Estates plc: 2003

Sidney Bolsom Investment Trust Ltd v E Karmios and Co (London) Ltd: CA 1956

The tenants had intended to ask for a new tenancy of 14 years, but by mistake, the notice of request implied a new lease of seven years. The request nevertheless set out the duration of the proposed new tenancy. The tenants tried to bring in parol evidence to show the mistake. The tenant argued that … Continue reading Sidney Bolsom Investment Trust Ltd v E Karmios and Co (London) Ltd: CA 1956

Bentley and Skinner (Bond Street Jewellers) Limited v Searchmap Limited: 1 Feb 2003

The landlord had opposed the grant of a new tenancy saying that it intended to redevelop the property. The court accepted an undertking from the landlord to carry out the works, and in default to re-offer the premises to the tenant on acceptable terms. Citations: [2003] EWHC 1621 Statutes: Landlord and Tenant Act 1954 Jurisdiction: … Continue reading Bentley and Skinner (Bond Street Jewellers) Limited v Searchmap Limited: 1 Feb 2003

Durley House Ltd v Cadogan and Another: ChD 27 Oct 1999

Rent reviews were to be at a percentage of the freehold value. Tenants improvements were to be disregarded for this purpose. The tenant sub-contracted the management of the flats to a third party who carried out substantial improvements. It was held that the improvements though not strictly carried out by the tenant, though this might … Continue reading Durley House Ltd v Cadogan and Another: ChD 27 Oct 1999

I and H Caplan Limited v Caplan No. 2: ChD 1963

For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under the 1954 Act was again challenged because of the interruption. Held: Though it was … Continue reading I and H Caplan Limited v Caplan No. 2: ChD 1963

R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm): 1983

The solicitor defendant knew that the company was a family company effectively run by Mr Witchell from whom they received their instructions. The question raised was as to the duty of the solicitor to company and director. Held: There is no necessary legal impediment to a professional adviser owing concurrent duties both to a company … Continue reading R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm): 1983

Sun Life Assurance plc v Thales Tracs Ltd (formerly Racal Tracs Ltd) and Another: CA 24 May 2001

Tenants sought renewed commercial tenancies. The landlord first opposed then consented to the renewals. In the meantime the tenants had made arrangements to purchase alternative properties, and did not proceed with the claims. They later counter-claimed for statutory compensation, but the counter-claim was dismissed on the basis that the applications for the new tenancies were … Continue reading Sun Life Assurance plc v Thales Tracs Ltd (formerly Racal Tracs Ltd) and Another: CA 24 May 2001

East Coast Amusement v British Transport Board; Re “Wonderland” Cleethorps: HL 1965

Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it is to be resolved in favour of … Continue reading East Coast Amusement v British Transport Board; Re “Wonderland” Cleethorps: HL 1965

In re Midland Railway Co’s Agreement, Charles Clay and Sons Ltd v British Railways Board: CA 1971

The lease agreement created a term for six months from 10 June 1920 and was to continue from half year to half year until determined. It was to be determined by three months’ written notice given by either party to the other provided that the landlords should not exercise that right unless they required the … Continue reading In re Midland Railway Co’s Agreement, Charles Clay and Sons Ltd v British Railways Board: CA 1971

Turner and Bell v Searles (Stanford-le-Hope) Limited: 1977

The landlord opposed the grant of a new tenancy. The business tenancy was an oral one, and he opposed renewal on the ground that the tenant was operating in breach of planning controls. Held: An illegal use is a reason connected with the tenant’s use and management of the holding and is a clear reason … Continue reading Turner and Bell v Searles (Stanford-le-Hope) Limited: 1977

Webb and Barrett v London Borough of Barnet: CA 1988

The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988

Percy E Cadle and Co Ltd v Jackmarch Properties Ltd: 1957

In the context of section 30(1)(f) of the 1954 Act ‘premises’ applies only to parts of a built structure which perform some structural function. Citations: [1957] 1 QB 323 Statutes: Landlord and Tenant Act 1954 30(1)(f) Cited by: Cited – Ivorygrove Ltd v Global Grange Ltd ChD 18-Jun-2003 The tenant sought a new lease. The … Continue reading Percy E Cadle and Co Ltd v Jackmarch Properties Ltd: 1957

Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell: CA 22 Jul 1998

The brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was dismissed. The Court agreed with the majority in Greenalls. ‘There is … Continue reading Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell: CA 22 Jul 1998

Parc (Battersea) Ltd (In Administrative Receivership) and An v Hutchinson: ChD 9 Apr 1999

A tenant of a lease for 14 months, having agreed to exclude his security, granted a sub-tenancy to a business from month to month. The sub-tenant claimed security, but was held only to have taken an assignment of the tenant’s rights and so was not secure. Citations: Times 09-Apr-1999, Gazette 19-May-1999, Gazette 31-Mar-1999 Statutes: Law … Continue reading Parc (Battersea) Ltd (In Administrative Receivership) and An v Hutchinson: ChD 9 Apr 1999

Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London: QBD 28 Jun 1996

The authority acquired several plots of land at different times, some compulsorily, and others pursuant to purchase notice. It granted a lease to the second respondent who built on it. In 1969 the Council granted the applicants an area of adjoining land and by the transfer covenanted not to interfere with light or air passing … Continue reading Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London: QBD 28 Jun 1996

Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995

A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. The head landlord served a notice to terminate the lease … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995

Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 1 Jul 1998

Notices served together breaking lease and requiring new lease but mistaking dates should be held valid where the combined intention was unmistakable, though on its own the mistaken statutory notice requiring new tenancy from wrong date would not stand. A statutory counter-notice had to be precisely correct since it exercised a defined function. Citations: Gazette … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 1 Jul 1998