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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

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

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

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

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

Frozen Value Ltd v Heron Foods Ltd: CA 24 Apr 2012

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

Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990

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

Atkinson v Bettison: CA 1955

A landlord purchased the reversion of a lease of a shop the building on three floors, and two years later, the tenancy being near its end, the tenant applied to the county court for the grant of a new tenancy under the landlord and Tenant Act 1954 section 24(1). Wishing to use the shop for … Continue reading Atkinson v Bettison: CA 1955