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Zarvos v Pradhan and another: CA 7 Mar 2003

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

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

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

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

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

Elitestone Ltd v Morris and Another: HL 1 May 1997

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bridgers and Hamptons Residential v Stanford: CA 1991

The court considered a notice which did not comply with section 25 in several respects. One defect was that it did not comply with 25(5) since it only required the tenants to notify the landlord if they were not willing to give up possession: it required the tenants to give a negative counter notice but … Continue reading Bridgers and Hamptons Residential v Stanford: CA 1991

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

Scholl Manufacturing Co Ltd v Clifton (Slim-Line) Ltd: CA 1967

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

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

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

Hutchison and others v B and DF Ltd: ChD 3 Oct 2008

The claimants sought an order declaring that the defendant had a tenancy and requiring it to execute an appropriate lease. The landlords said that the tenant had a continuation lease under the 1954 renewal procedure, and the tenants said they had only a tenancy at will. Peter Smith J [2008] EWHC 2286 (Ch) Bailii Landlord … Continue reading Hutchison and others v B and DF Ltd: ChD 3 Oct 2008

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

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

Sun Alliance and London Assurance Co Ltd v Hayman: CA 1975

The two-sided act of giving and receiving of a notice may be deemed to be done by some act other than actual receipt of the notification by the recipient. Lord Salmon said: ‘Statutes and contracts often contain a provision that notice may be served on a person by leaving it at his last known place … Continue reading Sun Alliance and London Assurance Co Ltd v Hayman: CA 1975

Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

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 Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007

The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a further one, and created a trust. The claimant now … Continue reading The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007

Ladd v Marshall: CA 29 Nov 1954

Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954

Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

Doherty and others v Birmingham City Council: HL 30 Jul 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

Michalak v London Borough of Wandsworth: CA 6 Mar 2002

The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002

David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014

The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

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

Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 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

Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Khudados v Leggate and others: EAT 16 Feb 2005

Application was made to make extensive amendments to the notice of appeal. Held: The application was refused. The EAT practice guide required an application for an amendment to be made as soon as its necessity became apparent. The applicant had not done so. The EAT set down general guidance in dealing with such applications. No … Continue reading Khudados v Leggate and others: EAT 16 Feb 2005

Anderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd: CA 3 Jul 2002

In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .

East Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps: HL 1965

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

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

References: [1965] AC 58 Coram: Viscount Simonds 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″

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

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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

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

Morrow v Nadeem: 1981

In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and director of landlord company, rather than the landlord company itself. Held: The landlord’s notice was invalid. It was a form preescribed by the rules requiring the correct identification of the … Continue reading Morrow v Nadeem: 1981

In re 14 Grafton Street London W1: ChD 1971

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

Yamaha-Kemble Music (UK) Ltd v ARC Properties Ltd: ChD 1990

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

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 to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003

Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 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

London Baggage (Charing Cross) Limited v Railtrack plc: CA 2001

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

Cheryl Investments v Saldanha: CA 1978

Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978

Morrisons Holdings Ltd v Madners Properties (Wolverhampton) Ltd: 1979

Citations: [1979] 1 WLR 533 Cited by: Mentioned – Pointon York Group Plc v Poulton CA 13-Jul-2006 The lease included a right to use seven designated parking spaces. The parties disputed whether parking space could be occupied in such a way as to be given protection under the Landlord and Tenant Act 1954. Held: A … Continue reading Morrisons Holdings Ltd v Madners Properties (Wolverhampton) Ltd: 1979

Shell-Mex v Manchester Garages: CA 1971

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

Brewer Street Investment v Barclays Woollen Co: CA 1953

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

Cairnplace Limited v CBL (Property Investments) Co Ltd: 1984

On a statutory renewal under the 1954 Act, the court would not impose a requirement on the tenant to pay the landlord’s costs so far as this would contravene the intention of the 1958 Act. The tenant may also be required to provide a guarantor. Citations: [1984] 1 All ER 315 Statutes: Landlord and Tenant … Continue reading Cairnplace Limited v CBL (Property Investments) Co Ltd: 1984

Pretoria Warehousing Co Ltd v Shelton: 1993

In a shopping centre, a tenant and its customers had acquired the right under s62 of the 1925 Act to use the concourse. The tenant was therefore entitled to an injunction to prevent the landlord further developing the concourse in such a way as to infringe those rights. Citations: [1993] EGCS 120 Statutes: Landlord and … Continue reading Pretoria Warehousing Co Ltd v Shelton: 1993

Ganton House Investments v Crossman Investments: 1995

When assessing a new rent under the Act, the the value of the premises attributable to the obtaining of a license under the 1963 Act is to be disregarded. Citations: [1995] 1 EGLR 239 Statutes: Landlord and Tenant Act 1954 34(1)(d), Betting Gaming and Lotteries Act 1963 Landlord and Tenant Updated: 29 April 2022; Ref: … Continue reading Ganton House Investments v Crossman Investments: 1995

Department of the Environment v Royal Insurance PLC: ChD 1986

The court was asked whether the fact that the tenants under a fourteen year lease had entered into occupation of the premises one day after the term began meant that they had thereby failed to occupy for ‘the whole of the fourteen years,’ in which event, of course, they were entitled only to the basic … Continue reading Department of the Environment v Royal Insurance PLC: ChD 1986

Taylor v Inntrepreneur Estates Limited: QBD 30 Jan 2001

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

Pennycook v Shaws (EAL) Ltd: ChD 28 Nov 2002

The landlord served a notice to terminate the tenancy. By mistake the tenant’s solicitors served a counter-notice that their client did not wish to renew. Realising their mistake, they served a second counter-notice, purporting to revoke the first. The second notice was still within the two-month limit from the landlords section 25 notice. They now … Continue reading Pennycook v Shaws (EAL) Ltd: ChD 28 Nov 2002

Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003

Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003

S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018

The question which arises on this appeal is whether it is open to the landlord to oppose the grant of a new business tenancy if the works which he says that he intends to carry out have no purpose other than to get rid of the tenant and would not be undertaken if the tenant … Continue reading S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018