The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 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
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
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
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
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 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
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
Citations: [2002] EWCA Civ 91, [2002] 15 EG 134 Links: Bailii Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Landlord and Tenant Updated: 27 November 2022; Ref: scu.216673
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
The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected … Continue reading Brown v Myerson: CA 21 Jul 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
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
The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy and had closed his restaurant business in the last few weeks before … Continue reading Bacchiocchi v Academic Agency Limited: CA 20 Feb 1998
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
A failure to include the warning notice in a notice to quit in the statutory form was fatal to the entire procedure. Citations: Times 15-Dec-1997, [1997] EWCA Civ 2881 Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 12 November 2022; Ref: scu.143280
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which could only be moved at great expense. Held: The judge … Continue reading Northern Electric Plc v Addison: CA 12 Jun 1997
Citations: [1997] EWCA Civ 1426 Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Landlord and Tenant Updated: 06 November 2022; Ref: scu.141822
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
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
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
Appeal against new rent fixed by court on renewal under the 1954 Act. Held: The judge had erred by not considering the passing rent agreed between the parties pending determination by the court, and has also disregarded the rent of the adjoining property. The matter was remitted. Judges: Mummery LJ, Keene LJ, Jacob LJ Citations: … Continue reading Trans-World Investments Ltd v Dadarwalla: CA 22 May 2007
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
‘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
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
The tenant appealed against rejection of his claim for a new tenancy after a finding by the judge that the landlord did as he said wish to redevelop the land. Judges: McCombe, Vos, Burnett LJJ Citations: [2016] Ch 37, [2015] EWCA Civ 23, [2015] WLR(D) 39 Links: Bailii, WLRD Statutes: Landlord and Tenant Act 1954 … Continue reading Hough v Greathall Ltd: CA 27 Jan 2015
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
Application for leave to continue request for new lease on insolvency of the landlord. The administrators opposed wanting to put together a scheme for the redevelopment of the premises. Held: Permission was granted. Judges: Judge Purle QC Citations: [2009] EWHC 2384 (Ch), [2010] L and TR 8, [2009] 48 EG 104 Links: Bailii Statutes: Landlord … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 12 Jun 2009
(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
The tenant claimant appealed against rejection of its claim that the landlord did not intend to occupy the tenanted property, allowing the landlord to reject the claimant’s application for a new lease on the expiry of the existing one. Judges: Lloyd, Rimer, Jackson LJJ Citations: [2012] EWCA Civ 473 Links: Bailii Statutes: Landlord and Tenant … Continue reading Frozen Value Ltd v Heron Foods Ltd: CA 24 Apr 2012
The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded that the works were not structural. Held: The words of the section should be read as they are. There is no explicit requirement for … Continue reading Ivorygrove Ltd v Global Grange Ltd: ChD 18 Jun 2003
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
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
Judges: Rimer LJ Citations: [2012] EWCA Civ 60 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 04 October 2022; Ref: scu.450527
Judges: Mummery, Etherton, Sulllivan LJJ Citations: [2012] EWCA Civ 36 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011 The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: CA 27 Jan 2012
(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
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
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
Judges: Newey J Citations: [2011] EWHC 3130 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Landlord and Tenant Updated: 28 September 2022; Ref: scu.449019
The parties disputed the rent payable on the renewal of a business lease. Citations: [2009] EWHC 2599 (Ch), [2009] 49 EG 72 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 September 2022; Ref: scu.416201
Judges: Lord Justice Rimer Citations: [2013] EWCA Civ 1436 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 25 September 2022; Ref: scu.518308
Judges: Vos J Citations: [2011] EWHC 2043 (Ch), [2011] L andTR 27, [2012] 1 P andCR DG1 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(g) Jurisdiction: England and Wales Citing: See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011 The claimant sought to renew its leases of docking facilities … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 29 Jul 2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it therein, within the meaning of Section 30(1)(g) of the Landlord and Tenant … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 27 Jun 2011
Judges: Morgan J Citations: [2011] EWHC 1184 (Ch) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011 The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 11 May 2011
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
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
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
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
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
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 – 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
Citations: [2014] EWCA Civ 423 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 29 August 2022; Ref: scu.523619
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002
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 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
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
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
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009
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
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
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to protect the right of a bona fide purchaser and to ensure legal certainty. Held: Neither interest proposed was … Continue reading Zehentner v Austria: ECHR 16 Jul 2009
Citations: [2009] EWCA Civ 718 Links: Bailii Statutes: Landlord and Tenant Act 1954 37A Jurisdiction: England and Wales Landlord and Tenant Updated: 30 July 2022; Ref: scu.347729
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
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
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
The claimant challenged the Act as being an unlawful discrimination. Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant’s family and the duty of a local housing authority to manage its housing stock in the interests of the locality and of … Continue reading Regina (Gangera) v London Borough of Hounslow: Admn 2003
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
Judges: Arden J Citations: [2000] EWHC 460 (Ch), [2000] EG 13 Links: Bailii Statutes: Landlord and Tenant Act 1954 37 Jurisdiction: England and Wales Landlord and Tenant Updated: 13 July 2022; Ref: scu.329573
Claim for a declaration that a tenancy was held under the 1954 Act. Judges: Pumfrey J Citations: [2000] EWHC 459 (Ch), (2000) 80 P and CR D38, [2000] L and TR 439, [2000] EG 57 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Citing: Cited – Javad v Aqil CA 15-May-1990 … Continue reading London Baggage Company v Railtrack Plc (No. 1): ChD 17 Apr 2000
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
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
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
The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking spaces had been allocated. The move was made, but the lease … Continue reading The Picture Warehouse Ltd v Cornhill Investments Ltd: QBD 23 Jan 2008
Judges: Sir Martin Nourse Mr Justice Patten Lord Justice Mance Citations: [2005] EWCA Civ 1036 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Citing: Cited – Gatwick Parking Service Ltd v Sargent CA 3-Feb-2000 When a landlord opposed a renewal of a business tenancy, the court must allow for changes … Continue reading Dogan v Semali Investments Ltd: CA 4 Aug 2005
Citations: [2004] EWCA Civ 678 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 05 July 2022; Ref: scu.238651
Citations: [2005] EWCA Civ 1724 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 05 July 2022; Ref: scu.238634
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
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
The parties disputed whether a tenant’s counter-notice had been served within the time limit applicable. It was out of time if the time ran from the date of posting of the landlord’s notice, but not if timed from the date of receipt. Held: The Landlord’s appeal succeeded. Judges: Neuberger J Citations: [2003] EWHC 1252 (Ch), … Continue reading Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003
Citations: [2005] EWCA Civ 403 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1) Jurisdiction: England and Wales Landlord and Tenant Updated: 29 June 2022; Ref: scu.224248
The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for rent for the period after the expiry of the contractual tenancy when the tenancy was … Continue reading Surrey County Council v Single Horse Properties Ltd: CA 26 Mar 2002
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
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
The claimant sued its solicitors for failing to make application in time for a new tenancy. The solicitors said that the claimant, a company limited by guarantee, and not allowed to distribute any trading profit, was not protected under the 1954 Act. Held: An inability to distribute its profits did not mean a company was … Continue reading Hawkesbrooke Leisure Ltd v Reece-Jones Partnership: ChD 18 Nov 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
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
The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission. Held: The appeal succeeded. The judge had referred to … Continue reading Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005
Citations: [1998] EWHC 319 (Ch), [2000] L and TR 146, [1999] 3 EGLR 45, [1999] 43 EG 161 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 23 June 2022; Ref: scu.341191
The tenant farmer served two notices both referring the landlord’s notice to quit to arbitration (s28(4)) and also a counter-notice (s28(2)). The landlord said he could not serve both and had not identified which he wished to proceed upon. No referral in fact took place. Held: The legislation contemplated only one decision about the tenancy, … Continue reading William Smith (Wakefield) Ltd v Parisride Ltd: Admn 23 Mar 2005
When considering the terms of a new lease to be ordered under the Act, the terms of the current tenancy are not necessarily decisive. There may be other circumstances but it is a guide. The terms of the current tenancy are to be considered first in every case. There was no evidence of any special … Continue reading Cardshops Limited v Davies and Another: CA 1971
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002
Citations: [2019] EWHC 633 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 18 June 2022; Ref: scu.635192
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
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
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
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
