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 defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had sublet parts of the premises to others (including the defendants) on long leases. Those … Continue reading Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010
COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease from authority – entitlement to compensation under Landlord and Tenant Act 1954 s 37 – whether such entitlement precludes compensation under 1973 Act … Continue reading Evis and Another v Commission for New Towns: LT 5 Jul 2001
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
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
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 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
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
The authority acquired several plots of land at different times, some compulsorily, and others pursuant to purchase notice. It granted a lease to the second respondent who built on it. In 1969 the Council granted the applicants an area of adjoining land and by the transfer covenanted not to interfere with light or air passing … Continue reading Regina v City of London Corporation and Another Ex Parte Mystery of the Barbers of London: QBD 28 Jun 1996
Application by tenant to re-open preliminary issue on having obtained new evidence. The landlord had resisted the grant of a new tenancy claiming an intention to develop the property. Judges: Lightman J Citations: [2003] EWHC 1621 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 31 March … Continue reading Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd: ChD 8 Jul 2003
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
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
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
The landlord objected to the renewal of the lease, saying that he intended to occupy the premises for his own business. The court had found that he intended to sell the property. Held: The landlord’s appeal failed. Parliament has not laid down any rule as to how long the landlord must intend to occupy the … Continue reading Patel and Another v Keles and Another: CA 12 Nov 2009
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
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
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease . .
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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
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
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 landlord resisted renewal of the business tenancy saying that he intended to occupy the premises himself. The Court was asked whether the landlord could show the necessary intention under section 30(1)(g) where it intended to occupy the premises for the purposes of its business, but had passed a resolution to enter liquidation for the … Continue reading Willis v Association of Universities of the British Commonwealth: CA 1965
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 ‘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 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
Application for leave to continue request for new lease on insolvency of the landlord. The administrators opposed wanting to put together a scheme for the redevelopment of the premises. Held: Permission was granted. Judges: Judge Purle QC Citations: [2009] EWHC 2384 (Ch), [2010] L and TR 8, [2009] 48 EG 104 Links: Bailii Statutes: Landlord … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 12 Jun 2009
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009
Lord Denning MR doubted whether the mere letting of an incorporeal hereditament could be occupation so as to be the subject of a new tenancy within the 1954 Act. However, since the fishing rights had been used for the purposes of a business in connection with a room that was also let by the same … Continue reading Jones v Christy: CA 1963
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 ‘Baltic Surveyor’ was lost at its moorings in a storm. A neighbouring ship had been negligently secured, and freed itself and sank the Baltic Surveyor. The owner appealed findings as to the value of the boat, and securing pontoon. She asserted that the boat chosen for comparison had in fact been sold for more … Continue reading Voaden v Champion ( ‘Baltic Surveyor’ ): CA 31 Jan 2002
In some cases the relation of tenant at will may be expressly created by contract. Citations: (1907) 2 Ch 137 Cited by: Cited – Wheeler v Mercer HL 31-Oct-1956 The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act … Continue reading Morgan v William Harrison Limited: 1907
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
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific performance. Held: The words ‘subject to the preparation and approval of a formal contract’ … Continue reading Winn v Bull: ChD 19 Nov 1877
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 of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I … Continue reading Cunliffe v Goodman: CA 1950
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 parking space is an . .
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. . .
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific . .
