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
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
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 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 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
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 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
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
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
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
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
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 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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
Application for a declaration that the property is an agricultural holding within the meaning of the Agricultural Holdings Act 1986, and/or an order for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 of the property, and/or a declaration that the tenancy of the property continues and/or that the claimants … Continue reading Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018
Judges: The Honourable Mr Justice Lewison Citations: [2004] EWHC 2224 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 February 2022; Ref: scu.215881
The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by ‘personal’ service or by leaving … Continue reading Chiswell v Griffon Land and Estates Ltd: CA 1975
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
The Local Authority were lessees of some 500 square metres of public open space at St. Johns Hill in Wandsworth, which they and their horticultural sub-contractors visited periodically. It had been used by local inhabitants for leisure and recreation. Held: The use was sufficient to constitute occupation: ‘The concept [of sufficiency of physical presence and … Continue reading Wandsworth London Borough Council v Singh: CA 1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her … Continue reading Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said that the defendants made no progress, the opportunity was lost, and their money wasted. After a dilatory … Continue reading Parker and Another v SJ Berwin and Co and Another: QBD 17 Dec 2008
The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
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 the claimant now alleged that the defendant was abusing its dominant position to demand excessive rents. The defendant sought to strike out that part of the claim. Held: The … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 24 Feb 2011
Administrators of the claimant company asserted that the company had held informal leases of two hangars owned by the defendant, and also complained of their transfer at an undervalue. The first defendant said that the occupations were under license only. Held: The occupation, having the characteristics of a tenancy, was in fact a tenancy. As … Continue reading Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 2011
The appellants were a Northern Irish company, which had entered liquidation, and the liquidator of that company. The respondent was a finance house. The company entered into a ‘block discounting’ agreement, which involved assigning customer credit . .
Orse TFS Stores Limited -v- BMG Ltd . .
References: [1965] AC 58 Coram: Viscount Simonds Ratio: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 … Continue reading East Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps: HL 1965
References: [1998] EWCA Civ 1091 Links: Bailii 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 calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was … Continue reading Eric Michael Garston; Alan Kilsha Toulson; Paul Denzil Nicholas and Charles Edward Cameron Gardner v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998
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The court was asked as to the validity of a section 24 notice. In his notice the landlord had stated that he would not oppose the grant of a new tenancy. The tenant failed to serve a counter-notice but then contended that the section 24 notice was invalid because it omitted some of the notes … Continue reading Tegerdine v Brooks: CA 1977
The Court was asked as to the extent to which a valuer can permissibly rely upon matters drawn from his own knowledge and experience, and which are not proven by direct evidence on the one hand, as compared to specific transactions upon which he relies for the formation of an opinion as to value, on … Continue reading English Exporters (London) Ltd v Eldonwall Ltd: ChD 1973
The landlord served two notices under the 1954 Act. Held: The tenant’s counter-notice was out of time. If the first notice was valid, a counter-notice served within four months of the second but not the first was out of time. Citations: [1980] 1 WLR 55 Statutes: Landlord and Tenant Act 1954 24 Cited by: Cited … Continue reading Polyviou v Seeley: 1980
Tenant’s First Notice to terminate, stood The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The landlord sought to rely upon … Continue reading Shaws (EAL) Ltd v Pennycook: CA 2 Feb 2004
Judges: Ormrod LJ, Geoffrey Lane LJ Citations: (1979) P and CR 392 Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Cited by: Cited – 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 … Continue reading Kirkwood v Johnson: CA 1979
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
The tenant’s large shed was fixed to the land. Held: It was a tenant’s fixture which could be removed by the tenant at the end of his tenancy, even though it was annexed to the land and formed part of it. Judges: Scott LJ Citations: [1940] 1 All ER 247 Jurisdiction: England and Wales Cited … Continue reading Webb v Frank Bevis Ltd: 1940
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
The section in the earlier Act was modified to give effect to the 1978 Act. Citations: [1990] 1 EGLR 92 Statutes: Landlord and Tenant Act 1927 23, Interpretation Act 1978 7 Jurisdiction: England and Wales Cited by: Explained – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a … Continue reading Lex Services plc v Johns: 1990
The Landlord resisted a new tenancy under the 1954 Act saying that it intended to demolish and redevelop. Held: The lease had provisions which would allow the landlord to do the works required without refusing a renewal. It should be renewed. The 1954 Act is not to be allowed to stand in the way of … Continue reading Heath v Drown: HL 1973
The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success. Held: Where the landlord had expressed intention to commence business from premises after expiry of the lease and wanted occupation, the court should … Continue reading Dolgellau Golf Club v Hett: CA 3 Apr 1998
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 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
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 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
Citations: [1983] EGLR 79 Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Citing: Applied – Cunliffe v Goodman CA 1950 Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal … Continue reading Chez Gerard Ltd v Greene: CA 1983
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
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later. Held: Dismissing the tenant’s appeal, the House found that the court had no jurisdiction to hear the tenant’s application; he was one … Continue reading Dodds v Walker: HL 1981
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
A prospective tenant for whom a landlord had carried out alterations on the premises was not permitted to break off negotiations for the lease solely to escape liability for the cost of such alterations. Lord Denning said: ‘What, then, is the position when negotiations go off without the default of either? On whom should the … Continue reading Brewer Street Investment v Barclays Woollen Co: CA 1953
There was a subletting arrangement. United Artists, who were the sub-tenant’s competent landlord under Part II of the 1954 Act, served a notice on the tenant, and then a further notice on the head landlord. The result of second notice was that United Artists ceased to be the competent landlord of the tenant. The tenant … Continue reading Shelley v United Artists Corporation Limited: CA 1989
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
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
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 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
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
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act. Held: The Pulleng case required te court to reject the tenant’s argument. The meaning of the phrase ‘let as a separate dwelling’ had contracted and no longer … Continue reading Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990
A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on April 11 1966. Held: The notice being in appropriate form was effective to … Continue reading Commercial Properties Ltd v Wood: CA 1967
Judges: Sedley, Wall LJJ Citations: [2001] EWCA Civ 1073, (2001) 82 P and CR DG24, [2001] NPC 110 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 31 May 2022; Ref: scu.147608
Citations: [1985] 1 EGLR 70 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – 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, … Continue reading Italica Holdings SA v Bayadea: 1985
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the tenants vacated the property on or immediately before 25 … Continue reading Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990
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 those who have executed it.Lord Blackburn said: ‘So long as they are only in negotiation either party may retract; … Continue reading Rossiter v Miller: 1873
A Mr Ludovici in 1977 took an assignment of the residue of a lease granted in 1953 which had some 5 months to run. He agreed to do works in return for which he would be granted a fresh lease. This was later assigned to Mr Hemmings. Held: He was neither the tenant under the … Continue reading Trustees of Henry Smiths Charity v Hemmings: 1982
Preliminary issue in proceedings under Part 2 of the Landlord and Tenant Act 1954 – short point on the construction of section 41A of the Act and in particular as to whether one of two existing partners who were both the tenants of the relevant holding under the existing lease is entitled to make an … Continue reading Lie v Mohile: CA 9 May 2014
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
A notice of intended prosecution was sent to the defendant in connection with an allegation of driving without due care and attention. When the matter came before the court, the defendant argued that the prosecution had failed to meet the requirements of section 241. Following a car acident the defendant had been unconscious in hospital. … Continue reading Hosier v Goodall: QBD 1962
The claimant had entered into the ‘The Royal Albert’ public house under a tenancy management agreement. They later negotiated for a contracted out business tenancy. They sought now to appeal a strike out of their claim for a secure tenancy. Held: Nothing had been said to create any reason for the claimant to believe any … Continue reading Taylor v Inntrepreneur Estates Limited: QBD 30 Jan 2001
The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
A bastardy summons had been served on the defendant but he had not been properly served with a written notice indicating the date of an adjourned hearing. He sought an order for certiorari to quash the decision of the court. Held: Where there has been no service at all then the subsequent order is irregularly … Continue reading Regina v County of London Quarter Session Appeals Committee ex parte Rossi: CA 1956
When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions on use should not be tightened merely to reduce that rent. Goulding J [1978] … Continue reading Charles Clements (London) Ltd v Rank City Wall: Chd 1978
The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the Act. The last of the three leases expired on October 31 … Continue reading Cardiothoracic Institute v Shrewdcrest Ltd: ChD 1986
The words in section 38(1) ‘purports to’ means ‘has the effect that’ so that an agreement to give up possession in two years when the lease would still have six years to run infringed section 38 as it would preclude an application or request for a new tenancy even though an actual surrender was permitted … Continue reading Joseph v Joseph: CA 1967
‘It was no part of the policy . . of the 1954 Act to give security of tenure to a business tenant at the expense of preventing redevelopment.’ Stamp LJ [1978] 2 EGLR 46, [1978] 247 EG 46 Landlord and Tenant Act 1954 England and Wales Cited by: Cited – Davies Attbrook (Chemists) Ltd v … Continue reading Adams v Green: 1978
