The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission. Held: The appeal succeeded. The judge had referred to … Continue reading Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005

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

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

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