The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
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
The tenant served his s26 notice on the landlord and then began his application to the court. His application was however early. Held: The landlord did nothing to indicate his opposition or otherwise to a new tenancy and so was not estopped from objecting to the fault. There was a prima facie presumption that a … Continue reading Stevens and Cutting Ltd v Anderson: CA 1990
The tenants had to cease trading after a fire next door. They asked the landlords to reinstate and said they wished then to resume trading. Following the landlord’s demolition and reconstruction of the premises the tenants sought a new tenancy. Held: They were so entitled. Applying Caplan: ‘I would put it in my own words … Continue reading Morrison’s Holdings Limited v Manders Limited: CA 1976
The parties disputed the effect of agreements to exclude the protections of the 1954 Act, where the supporting notices failed correctly to specify the commencement dates of the terms granted. Judges: Judge Davis-White QC sitting as a High Court judge Citations: [2019] EWHC 1363 (Ch), [2019] WLR(D) 331 Links: Bailii, WLRD Statutes: Landlord and Tenant … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: QBD 4 Jun 2019
Citations: [2008] EWCA Civ 805 Links: Bailii Statutes: Landlord and Tenant Act 1954 24 Jurisdiction: England and Wales Citing: Cited – Javad v Aqil CA 15-May-1990 P in possession – tenancy at will Until CompletionA prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of … Continue reading Manton Securities Ltd v Nazam (T/A New Dadyal Cash and Carry): CA 17 Jul 2008
Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008
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
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
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947
Judges: Sir Martin Nourse Mr Justice Patten Lord Justice Mance Citations: [2005] EWCA Civ 1036 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Citing: Cited – Gatwick Parking Service Ltd v Sargent CA 3-Feb-2000 When a landlord opposed a renewal of a business tenancy, the court must allow for changes … Continue reading Dogan v Semali Investments Ltd: CA 4 Aug 2005
Citations: [2004] EWCA Civ 678 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 05 July 2022; Ref: scu.238651
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 defendant landlord rejected the claimant’s application for a new tenancy, saying that his own wife’s occupation of part of the premises for her business was sufficient to allow him to require possession. Held: there was no authority for the proposition that a business of a landlord’s wife would be sufficient for this purpose. It … Continue reading Zafiris and Another v Liu: CA 27 Jan 2005
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
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
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted. Held: The grants included the areas surrounding the concrete bases on which the stations were erected. Despite the … Continue reading Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another: Admn 14 Oct 2004
Megarry J was asked which was the relevant hearing when a court considered the condition of a landlord’s intention to redevelop premises to support a refusal of a new tenancy. He approved an application that the landlord’s ground of opposition be tried as a preliminary issue. Only if the landlord failed to establish his ground … Continue reading Dutch Oven Ltd v Egham Estate and Investment Co Ltd: ChD 1968
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 the terms of a new lease to be ordered under the Act, the terms of the current tenancy are not necessarily decisive. There may be other circumstances but it is a guide. The terms of the current tenancy are to be considered first in every case. There was no evidence of any special … Continue reading Cardshops Limited v Davies and Another: CA 1971
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 complained that the tenant, when he served his section 26 notice had had no intention of taking up a new lease. Held: The landlord’s contention was true, but the Act did not require anything beyond the notice. The section 26 notice itself was valid, even though as the tenant intended he had acquired … Continue reading Sun Life Assurance Plc v Thales Tracs Ltd and Another: CA 10 May 2001
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
The court considered a proposed underletting at a rent well below the current market rent, and in consideration of a substantial premium. It had been refused by the Landlord. Held: The lessor had reasonably withheld consent. It was enough that the lessor has genuine, and not ‘unfounded’ concerns, on matters relevant to the value of … Continue reading In Re Town Investments Ltd Underlease: ChD 1954
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
The tenant sought a renewed tenancy under the Act, and the landlord opposed it saying that the property was to be redeveloped. The tenant contended that since his was an ‘eggshell’ tenancy, having a tenancy of surfaces within the property and not any part of the structure of the building, his tenancy could not be … Continue reading Pumperninks of Piccadilly Ltd v Land Securities Plc and others: CA 10 May 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
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there. Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor vehicles were not anticipated in the lease, but the words were not restricted … Continue reading Spring House (Freehold) Ltd v Mount Cook Land Ltd: CA 12 Dec 2001
The appellants operated a system of placing their vending machines in clubs for the sale of cigarettes. They took as consideration a share of the profits of the cigarettes sold, and, in return, maintained the machines. They claimed that the machines were not placed pursuant to a licence to occupy land, a licence of immovable … Continue reading Commissioners of Customs and Excise v Sinclair Collis Limited: HL 7 Jun 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
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 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
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
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
Rent demands were made by a local authority landlord on one of its tenants. The local authority, using its powers under the Act, resolved to increase rents generally. The tenant refused to pay the increased element of the rent. He argued that the resolutions and notices of increase were ultra vires and void, on the … Continue reading Wandsworth London Borough Council v Winder: HL 1985
The defendants sought relief for transactions entered into at an undervalue. The bankrupt had entered into charges and an assignment of a loan account in their favour before his bankruptcy, and the trustee had obtained an order for them to be set aside as a fraud on his creditors. Held: To have such orders set … Continue reading Hill (As Trustee In Bankruptcy of Nurkowski) v Spread Trustee Company Ltd and Another: CA 12 May 2006
UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010
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
The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in response to demands sent to the company. The company had been … Continue reading Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited: CA 21 Dec 2000
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express provision. Held: The express preservation of the sub-lease allowed the sub-lease to continue. As to whether an … Continue reading PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants): ChD 8 Aug 2003
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 defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001
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
Judges: Peter Smith J Citations: Unreported March 2001 Jurisdiction: England and Wales Citing: Cited – Rossiter v Miller 1873 There is no significance in the fact that a formal written agreement, whether executed or not, is in different terms to the oral discussions leading up to it, subject of course to the appropriate authority of … Continue reading London and Regional Investments Ltd v TBI Plc and Another: ChD 1 Mar 2001
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
The parties had negotiated for a lease to a company with the directors acting as guarantors. Approval was obtained through the court to it being excluded from protection. The lease when actually executed had the directors substituted as tenants. They now claimed that they were secure tenants because the lease differed from that granted exclusion. … Continue reading Brighton and Hove Council v Collinson: 2004
Citations: [2003] EWHC 285 Statutes: Landlord and tenant Act 1954 Jurisdiction: England and Wales Citing: Distinguished – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997 Minor Irregularity in Break Notice Not FatalLeases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the … Continue reading Proctor and Gamble Technical Centres Limited v Brixton Estates plc: 2003
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
The landlord had opposed the grant of a new tenancy saying that it intended to redevelop the property. The court accepted an undertking from the landlord to carry out the works, and in default to re-offer the premises to the tenant on acceptable terms. Citations: [2003] EWHC 1621 Statutes: Landlord and Tenant Act 1954 Jurisdiction: … Continue reading Bentley and Skinner (Bond Street Jewellers) Limited v Searchmap Limited: 1 Feb 2003
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
For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under the 1954 Act was again challenged because of the interruption. Held: Though it was … Continue reading I and H Caplan Limited v Caplan No. 2: ChD 1963
The solicitor defendant knew that the company was a family company effectively run by Mr Witchell from whom they received their instructions. The question raised was as to the duty of the solicitor to company and director. Held: There is no necessary legal impediment to a professional adviser owing concurrent duties both to a company … Continue reading R P Howard Ltd and Witchell v Woodman Matthews and Co (a firm): 1983
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
Preliminary issue in proceedings under Part 2 of the Landlord and Tenant Act 1954 – short point on the construction of section 41A of the Act and in particular as to whether one of two existing partners who were both the tenants of the relevant holding under the existing lease is entitled to make an … Continue reading Lie v Mohile: CA 9 May 2014
The landlord opposed the grant of a new tenancy. The business tenancy was an oral one, and he opposed renewal on the ground that the tenant was operating in breach of planning controls. Held: An illegal use is a reason connected with the tenant’s use and management of the holding and is a clear reason … Continue reading Turner and Bell v Searles (Stanford-le-Hope) Limited: 1977
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
trial of a claim for possession of a set of commercial premises – The Claimant’s case is that the Defendant occupied the Property pursuant to a lease or, in the alternative, pursuant to an agreement for lease which, in equity, took effect as a lease. On either basis the Claimant’s case is that lease (whether … Continue reading Sandhar and Kang Ltd v Ijaz: ChD 15 Nov 2018
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988
The fact that the parties might contemplate the possibility of a further written agreement, does not prevent an original agreement being effective as a contract. Citations: [1947] KB 857 Cited by: Cited – City Connect Management Ltd v Telia International Carrier UK and Another TCC 30-Jul-2004 The parties sought the expenses incurred in negotiating a … Continue reading Branca v Cabarro: CA 1947
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
In the context of section 30(1)(f) of the 1954 Act ‘premises’ applies only to parts of a built structure which perform some structural function. Citations: [1957] 1 QB 323 Statutes: Landlord and Tenant Act 1954 30(1)(f) Cited by: Cited – Ivorygrove Ltd v Global Grange Ltd ChD 18-Jun-2003 The tenant sought a new lease. The … Continue reading Percy E Cadle and Co Ltd v Jackmarch Properties Ltd: 1957
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 brewery sought possession of a public house, tied by type. The lessee claimed damages for breach of Art. 81 and a declaration that the Block Exemption was inapplicable to his lease. His appeal from the judge’s order in favour of the brewery was dismissed. The Court agreed with the majority in Greenalls. ‘There is … Continue reading Gibbs Mew Plc v Gemmell and Gibbs Mew Plc and Centric Pub Company Ltd v Gemmell: CA 22 Jul 1998
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
Tenant’s application for leave to appeal from refusal of renewal of tenancy – intention of landlord to demolish. Citations: [2018] EWHC 2193 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Landlord and tenant Updated: 26 April 2022; Ref: scu.621136
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
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. The head landlord served a notice to terminate the lease … Continue reading Graysim Holdings Ltd v P and O Property Holdings Ltd: HL 24 Nov 1995
Notices served together breaking lease and requiring new lease but mistaking dates should be held valid where the combined intention was unmistakable, though on its own the mistaken statutory notice requiring new tenancy from wrong date would not stand. A statutory counter-notice had to be precisely correct since it exercised a defined function. Citations: Gazette … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 1 Jul 1998
Former Tenant’s claim for compensation on termination of business tenancy Judges: Keyser QC HHJ Citations: [2020] EWHC 2521 (TCC) Links: Bailii Statutes: Landlord and Tenant Act 1954 2 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 April 2022; Ref: scu.655943
Application for a declaration that the property is an agricultural holding within the meaning of the Agricultural Holdings Act 1986, and/or an order for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 of the property, and/or a declaration that the tenancy of the property continues and/or that the claimants … Continue reading Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018
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
Landlords had let the property to their caretaker of the whole premises. andpound;40 was to be deducted from the agreed rental value of the house (andpound;66), and he was to pay andpound;26pa in rent. The parties agreed that the letting was governed by the Rent Restriction Acts. Later his wage was increased to andpound;66.00 leaving … Continue reading Montague v Browning: CA 1954
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
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 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
Judges: The Honourable Mr Justice Lewison Citations: [2004] EWHC 2224 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 February 2022; Ref: scu.215881
The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed against refusal. Held: The appeal failed. The date of the hearing at which the necessary intention … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 4 Aug 2010
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 defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
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 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
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
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
The Local Authority were lessees of some 500 square metres of public open space at St. Johns Hill in Wandsworth, which they and their horticultural sub-contractors visited periodically. It had been used by local inhabitants for leisure and recreation. Held: The use was sufficient to constitute occupation: ‘The concept [of sufficiency of physical presence and … Continue reading Wandsworth London Borough Council v Singh: CA 1991
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003
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 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
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
The landlord had refused its consent to an assignment of the remaining term of a lease to a development company, which desired to acquire the lease because of its nuisance value, and to use its interest as a basis for inducing the landlord to enter into a joint venture for the redevelopment of the property. … Continue reading Pimms Ltd v Tallow Chandlers Company: CA 1964
The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012
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
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her … Continue reading Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991
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 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
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
