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

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 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 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

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: 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

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

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’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

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

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

Contracted out tenancy renewal Judges: Lord Justice Patten Citations: [2014] EWCA Civ 303 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 20 May 2022; Ref: scu.522550

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

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 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

The question was whether a landlord could exercise a right to break a lease by serving a notice under section 25 of the Act, which provides for termination of a tenancy by the landlord. Held: If a notice is served on an occupying tenant in conformity with the lease, but not in conformity with the … Continue reading Scholl Manufacturing Co Ltd v Clifton (Slim-Line) Ltd: CA 1967

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

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

The landlord served notice in a form which contained two alternatives, but he failed to strike out one. He added a statement as to why he opposed a new tenancy. Held: The notice was effective.Templeman J said: ‘No one reading that notice can be in the slightest doubt; the landlord accidently failed to strike out … Continue reading Lewis v MTC Cars Ltd: ChD 1974

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

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 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

The landlord served a notice to terminate the tenancy. The tenant served a notice to say that he did want a new tenancy, but the law then changed and he purported to withdraw his notice, and gave up possession claiming compensation for improvements. The landlord said he had already become entitled to possession. Held: The … Continue reading In re 14 Grafton Street London W1: ChD 1971

The defendant served a notice on the plaintiff tenants purportedly under the section. The defendant had been the landlord but shortly before serving the notice the defendant had assigned its interest in the property in question to its parent company and so had ceased to be the landlord. As section 25 required the landlord to … Continue reading Yamaha-Kemble Music (UK) Ltd v ARC Properties Ltd: ChD 1990

A counter notice under the Act, once given was irrevocable. Once a positive counter notice was served, the landlord could proceed on the basis that the tenant was willing to give up possession. . .

Application for leave to appeal against possession order – non renewal of business lease. . .

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

In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999

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

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

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 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

The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971

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

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 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

The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972

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

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 tenant had been in occupation under a tenancy for three years and eleven months when the tenancy was terminated by notice. The tenant held over under a tenancy at will. By the time they finally came to vacate they had been in occupation for more than 5 years, and sought a compensatory payment under … Continue reading London Baggage (Charing Cross) Limited v Railtrack plc: CA 2001

Premises had been sub-let under full repairing leases and the disrepair which was the subject of the landlord’s action against the head tenant was due to breaches by the sub-tenants of their repairing obligations, who had by the term date of the head lease applied for new tenancies under the 1954 Act. Held: There was … Continue reading Family Management v Gray: 1980

The landlord served his section 25 notice, amnd the tenant his 26 counter-notice. The tenant did not in fact issue his court application until some two years later. Held: A landlord’s waiver of the time limits for beginning court proceedings could only extend until the expiry of the relevant notices. After that point, the lease … Continue reading Meah v Sector Properties: 1974