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 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
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
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
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
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
Rent reviews were to be at a percentage of the freehold value. Tenants improvements were to be disregarded for this purpose. The tenant sub-contracted the management of the flats to a third party who carried out substantial improvements. It was held that the improvements though not strictly carried out by the tenant, though this might … Continue reading Durley House Ltd v Cadogan and Another: ChD 27 Oct 1999
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 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
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
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002
The landlord opposed the grant of a new lease, saying that he wanted to demolish the premises. It was known that he wanted to dispose of the premises at a later date. The judge found that the intention to demolish was genuine but that it was colourable because it was simply a device to be … Continue reading Turner v Wandsworth London Borough Council: CA 1994
Tenancy at Will not protectable by 1954 Act A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while negotiations proceed is one of the … Continue reading Hagee (London) Ltd v A B Erikson and Larson (a Firm): CA 1975
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
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: [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″
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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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
Depending on the evidence, a stepped rent may well be the best way to determine the rack rent value over a period of years so that an arbitrator might properly make such an award. This was particularly so where the landlord was in serious breach of repairing obligations, but was expected to deal with the … Continue reading Fawke v Viscount Chelsea: 1980
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
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
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
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
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 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
There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the tenant. Held: The validity of the declaration could be challenged … Continue reading Lazarus Estates Ltd v Beasley: CA 1956
The landlord had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into liquidation, the title was disclaimed by the liquidator, and the mortgagee sold on to the defendant. … Continue reading Fowles v Heathrow Airport Ltd: ChD 15 Feb 2008
The tenant purported to exercise a break clause in the lease, requiring that the notice ‘must be expressed to be given under section 24(2) of the Landlord and Tenant Act 1954’. Though the notice was otherwise compliant, it did not refer to the 1954 Act. The landlords now appealed against a decision that it was. … Continue reading Friends Life Ltd v Siemens Hearing Instruments Ltd: CA 3 Apr 2014
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
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
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
A business lease provided that if the tenant wished to assign, he must first offer a surrender to the landlord for the net premium value. If the landlord did not accept, then he could apply for consent to assign, such consent not to be unreasonably . .
