Citations: [2014] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 10 July 2022; Ref: scu.629652
Citations: [2015] UKFTT RP – CAM – 22UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.627025
Citations: [2017] UKFTT RP – LON – 00AH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 03 June 2022; Ref: scu.627793
Citations: [2018] UKFTT RP – LON – 00A – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623495
Citations: [2015] UKFTT RP – CHI – 21UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.626809
Citations: [2014] UKFTT RP – CHI – 29UG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 March 2022; Ref: scu.629744
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
LANDLORD AND TENANT – SERVICE CHARGES – jurisdiction of FTT to consider payability of sums drawn from reserve account – whether justiciable only in court proceedings because involving an allegation of breach of trust – recoverability of costs incurred in proceedings over control of corporate landlord and in disputes between landlord and individual leaseholders – … Continue reading Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006
LANDLORD AND TENANT – SERVICE CHARGES – failure of consultation – dispensation – conditions – section 20ZA, Landlord and Tenant Act 1985 – appeal dismissed Citations: [2020] UKUT 177 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 December 2022; Ref: scu.651760
Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985. Citations: [1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999
LANDLORD AND TENANT – SERVICE CHARGES – effect of agreement that charges not recoverable – whether agreement binding only for period under consideration by FTT – whether charges incorrectly included in demands for utilities costs were prevented by s.20B(1), Landlord and Tenant Act 1985 subsequently from being recovered as service charges – calculation of unit … Continue reading NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020
‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010
The landlord of a mixed commercial and private housing property, intending to carry out needed repairs, requested advance payment from the tenants to cover the costs. The tenants objected that a large part of the costs would be covered in due course by a third party under a constructor’s warranty. Held: The landlord’s appeal failed. … Continue reading Avon Ground Rents Ltd v Cowley and Others: CA 29 Oct 2019
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
Section 27A Landlord and Tenant Act 1985 Application of Liability To Pay and Reasonableness of Service Charges Citations: [2015] UKFTT RP – LON – 00BF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 November 2022; Ref: scu.626294
The consideration for the grant of a lease was not a capital sum, but substantial building works. Application was made for its forfeiture. Held: Dillon LJ assumed that the words ‘if the tenant shall enter into liquidation whether compulsorily or voluntarily’ in a re-entry clause in a lease refer to the making of the winding … Continue reading Official Custodian for Charities v Parway Estates Developments (In Liquidation): CA 1985
The sealing of a deed prima facie imported not only due execution but also delivery. ‘The affixing the seal is not enough; there must be delivery of the deed also . . . Prima facie, putting the seal imports delivery; yet, if it be intended otherwise, it is not so . . .’ Judges: Wills … Continue reading Mayor, Constables and Company of the Merchants of the Staple v Bank of England: 1883
The secure tenant was convicted of cultivating cannabis in the house. The council sought possession, and now appealed an order granting only possession suspended whilst the tenant complied with the terms of the tenancy agreement, seeking outright possession. Held: The council’s appeal succeeded. A possesion order was not to be made unless it was reasonable. … Continue reading Sandwell Metropolitan Borough Council v Hensley: CA 1 Nov 2007
‘The subsection [on the execution of deeds by corporations] removes the necessity for enquiry as to the formalities required under the memorandum, articles, charter, etc., of the corporation; independently of this section the deed would be void unless such formalities were observed.’ Citations: (1849) 3 Ex 841 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Cope v Thames Haven Dock and Railway Co: 1849
Landlord and Tenant – Service Charges – Landlord and Tenant Act 1985, s. 27A – Landlord’s legal costs of proceedings before Upper Tribunal under Law of Property Act 1925, s. 84 – Whether landlord’s contractual entitlement to recover such costs under service charge provisions of chalet leases on holiday park precluded by consent order agreed … Continue reading Shearbarn Holiday Park Ltd v Wornell and Others: UTLC 27 Apr 2021
Determination of the liability to pay and reasonableness of service charges (S27A Landlord and Tenant Act 1985) Citations: [2015] UKFTT RP – LON – 00AU – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 November 2022; Ref: scu.626654
Whether a demand had been made – effect of section 20B of the Landlord and Tenant Act 1985 Citations: [2020] UKUT 115 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.650123
Costs – section 20C Landlord and Tenant Act 1985 – whether costs of managing agents were incurred in connection with proceedings before FTT – if so, whether FTT in subsequent decision correct to allow those costs as relevant costs because they were reasonable in amount and would have been incurred regardless of proceedings – appeal … Continue reading Point Curlew Tenants Association v Francis (Landlord and Tenant – Service Charges): UTLC 21 Apr 2020
Citations: [2013] EWHC 2169 (Ch), [2014] 1 WLR 920, [2013] L and TR 25, [2014] HLR 2, [2013] 30 EG 78, [2013] 3 EGLR 139 Links: Bailii Statutes: Landlord and Tenant Act 1985 19 Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.523726
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 mistakenly calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was held not to have been validly … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not … Continue reading Gray and others v Taylor: CA 2 Apr 1998
UTLC LANDLORD AND TENANT – service charges – cost of employing full time resident caretaker – employment of such a caretaker not needed for the enjoyment of the building – however employment of such a caretaker needed to remedy breach of covenants in headlease – headlessee seeking to recover costs of employing such a caretaker … Continue reading Carey-Morgan and Another v De Walden and Another: UTLC 14 Mar 2013
UTLC LANDLORD AND TENANT – service charges – whether costs reasonably incurred – appeal and cross appeal as to whether LVT wrongly failed to have regard to relevant matters – proper construction of service charge provision as to recovery of managing agents fees – whether LVT unfairly took a decision on grounds never raised before … Continue reading Kullar and Another v Kingsoak Homes Ltd: UTLC 26 Feb 2013
The claimant had succeeded in his claim for damages against the council following their failure to comply with their obligations of repair under the 1985 Act. The council appealed an award of pounds 1,500 for chattels damaged by the damp. Held: ‘I, for my part, would think it perfectly absurd in a case like this … Continue reading Stanbury v Mayor and Burgesses of London Borough of Lambeth: CA 5 Dec 1997
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants’ children as ‘conduct which is a nuisance or annoyance to neighbours’ The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the … Continue reading Northampton Borough Council v Lovatt and Another: CA 11 Nov 1997
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. Citations: Times 14-Aug-1997, [1997] EWCA Civ 2255 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust … Continue reading Bruton v London and Quadrant Housing Trust: CA 31 Jul 1997
When considering whether to consent to an assignment of a lease, a landlord need consider only his own interests. Judges: Roskill, Lawton, Megaw LJ Citations: [1979] EWCA Civ 1, [1979] 3 WLR 14, [1979] QB 593, 250 EG 345, [1979] 2 All ER 657 Links: Bailii Jurisdiction: England and Wales Citing: Approved – Bickel v … Continue reading West Layton Ltd v Ford; West Layton Ltd v Joseph and Another: CA 12 Feb 1979
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord … Continue reading Crosspite Ltd v Sachdev and Others: UTLC 25 Sep 2012
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy. Citations: Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821 Statutes: Housing Act 1985 Sch 2 Ground 2 Jurisdiction: England and Wales Housing, Landlord and Tenant Updated: 04 November 2022; Ref: scu.84352
Citations: [1996] EWCA Civ 1080 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997 A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. … Continue reading Bruton v London and Quadrant Housing Trust: CA 3 Dec 1996
UTLC LANDLORD AND TENANT – service charge – reserve funds – lease providing that reserve funds could be used to meet any temporary deficiencies in monies available for general expenditure – whether LVT should have embarked on any consideration of the question of whether monies from the reserve funds had been so spent and (if … Continue reading Solitaire Property Management Company and Another v Holden and Others: UTLC 10 Apr 2012
The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease. Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was … Continue reading Savva and Another v Houssein: CA 24 Apr 1996
Application under section 27A Landlord and Tenant act 1985 for the determination of the reasonableness of service charges Citations: [2015] UKFTT RP – BIR – 00CW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 October 2022; Ref: scu.626856
A covenant to pay a service charge imposed on any purchasing tenants was valid. Citations: Gazette 23-Mar-1994 Statutes: Housing Act 1985 Part V Jurisdiction: England and Wales Land, Landlord and Tenant Updated: 26 October 2022; Ref: scu.79575
Application to dispense with consultation requirements in respect of qualifying works. Citations: [2012] EWLVT CAM – LV – SVC – 22UJ – 0 Links: Bailii Statutes: Landlord and Tenant Act 1985 20ZA Jurisdiction: England and Wales Landlord and Tenant Updated: 24 October 2022; Ref: scu.459090
LT LANDLORD AND TENANT – service charges – consultation requirements – section 20 of the Landlord and Tenant Act 1985 in its form pre the amendments made by Common hold and Leasehold Reform Act 2002 – failure to comply with consultation requirements – landlord not having acted reasonably – no dispensation granted – case heard … Continue reading M and M Savant Ltd v Brown and others: LT 8 Aug 2008
for Dispensation From The Consultation Requirements Under S20 Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 October 2022; Ref: scu.626948
To Dispense With The Consultation Requirements Under S20 Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00AZ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626789
Section 27A and 20C Landlord and Tenant Act 1985 – Service Charges (Court Referral) Citations: [2015] UKFTT RP – LON – 00AC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626890
LT LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A -incorrect allocation of charges for gas central heating between lessees of a building -overcharged lessees entitled to seek a determination as to how much payable by them without being required to prove the amount payable by each of the undercharged … Continue reading San Marino Estates Ltd and others v Peveral Om Ltd: LT 21 May 2008
Section 2OZA Landlord and Tenant Act 1985; Dispensation with requirements of Section 20 Citations: [2015] UKFTT RP – LON – 00BB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 October 2022; Ref: scu.626215
The court was asked whether a landlord was obliged to repair a drain serving the demised premises which passed under the landlord’s retained land. Held: No such obligation could be implied and it did not fall within the scope of the covenant for quiet enjoyment. Slade LJ said: ‘The express covenant for quiet enjoyment and … Continue reading Duke of Westminster v Guild: CA 1985
The claimants were shareholders in Westrip, accusing the Defendant directors of deliberately engaging in a course of conduct which has led to Westrip losing ownership and control of a very valuable mining licence and which, but for their intervention, would have led to Westrip losing all or almost all of its remaining assets. They say … Continue reading Iesini and Others v Westrip Holdings Ltd and Others: ChD 16 Oct 2009
Southern : Service Charges: Section 27A of The Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – CHI – 00HY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 September 2022; Ref: scu.626549
The parties disputed whether a particular arrangement was covered by and subject to the 2003 Regulations.Lewison J said: ‘[T] here are two separate strands to the policy underlying the regulation of service charges. Parliament gave two types of protection to tenants. First, they are protected by section 19 from having to pay excessive and unreasonable … Continue reading Paddington Basin Developments Ltd and Others v West End Quay Estate Management Ltd and Another: ChD 20 Apr 2010
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected. Held: The landlord was entitled when granting consent to take into account possible adverse effects on his own business interests and was therefore able to impose … Continue reading Sargeant, and Sargeant v Macepark (Whittlebury) Limited: ChD 8 Jun 2004
The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011
UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s19 – reasonableness of service charge – evidence required to support LVT findings Citations: [2011] UKUT 407 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1985 19 Jurisdiction: England and Wales Cited by: Cited – Crosspite Ltd v Sachdev and Others UTLC … Continue reading Country Trade Ltd v Noakes and Others: UTLC 7 Oct 2011
UTLC LANDLORD AND TENANT – service charges – consultation requirements for qualifying works – failure to serve ‘public notice’ requirement in time – application for dispensation – prejudice to tenants – appeal against LVT’s refusal of dispensation allowed – Landlord and Tenant Act 1985 s20, 20ZA – The Service Charge (Consultation Requirements) (England) Regulations 2003 … Continue reading London Borough of Newham v Hannan and Others: UTLC 7 Oct 2011
LANDLORD AND TENANT – service charges- whether statutory summary of tenants’ rights and obligations accompanied demands – whether service charge payable annually or quarterly – whether cost of installation of play equipment properly included in service charge – Landlord and Tenant Act 1985 s 21B Citations: [2011] UKUT 310 (LC) Links: Bailii Jurisdiction: England and … Continue reading Tingdene Holiday Parks Ltd v Cox and Others: UTLC 8 Aug 2011
LANDLORD AND TENANT – service charges – apportionment of costs between tenants – method of apportionment – variation of leases – appeal dismissed – Landlord and Tenant Act 1985 s 27A, Landlord and Tenant Act 1987, s 35 Citations: [2011] UKUT 311 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 September … Continue reading Mehra v City West Homes Ltd and Another: UTLC 8 Aug 2011
The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence. Held: The court considered whether the appellants should instead have applied to have the judgments set aside. Judges: Moore-Bick, Gross LJJ Citations: [2011] EWCA Civ … Continue reading Williams and Another v Hinton and Another: CA 14 Oct 2011
1985/1987 Act Decisions Citations: [2013] UKFTT RP – BIR – 00FY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 September 2022; Ref: scu.622920
LANDLORD AND TENANT – service charges – holiday bungalows – whether ‘dwellings’ for purposes of application of Landlord and Tenant Act 1985 sections 18 to 30 – held not to be dwellings for this purpose – 1985 Act section 38. Citations: [2008] EWLands LRX – 186 – 2006 Links: Bailii Statutes: Landlord and Tenant Act … Continue reading King and others v Udlaw Ltd: LT 20 Mar 2008
Damages were claimed against a barrister for advice on a settlement given at the door of the court. After substantial litigation, made considerably more difficult by the negligence of the solicitors, the barrister had not advised the claimant at the door of the court to accept an offer. The claimant was not advised as to … Continue reading Moy v Pettman Smith (a firm) and another: HL 3 Feb 2005
LVT Service Charges – application to determine reasonableness and payability of service charges Citations: [2007] EWLVT CAM – LV – SVC – 22UJ – 0 Links: Bailii Statutes: Landlord and Tenant Act 1985 19 827A Landlord and Tenant Updated: 10 September 2022; Ref: scu.437827
(Service Charges) Application to dispense with consultation requirements under s20 of the Landlord and Tenant Act 1985 in respect of worked under a long term framework agreement. Citations: [2011] EWLVT LON – LV – SVC – 00BG – 0 Links: Bailii Statutes: Landlord and Tenant Act 1985 20 Jurisdiction: England and Wales Landlord and Tenant … Continue reading Kerscott, Bowden, Nethercott and Wingate Houses – Tower Hamlets : London: LVT 2 Feb 2011
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy – whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Home Group Ltd v Lewis and others: LT 3 Jan 2008
LT LANDLORD AND TENANT – service charges – lease provisions relating to payment of service charges varied by verbal agreement – one tenant insisting on reverting to strict lease provisions – whether legal costs incurred by landlord in pursuing two tenants for unpaid service charges reasonably incurred – appeal successful in part – applications under … Continue reading Fernandez v Shanterton Second Management Company Ltd: LT 13 Nov 2007
UTLC LANDLORD AND TENANT – service charges – proceedings transferred to LVT from county court – LVT remitting case to county court on basis that it had no jurisdiction – whether demand on which claim based was in respect of service charges – held that it was – held that LVT had jurisdiction – whether … Continue reading Staunton v Kaye and Another: UTLC 9 Aug 2010
UTLC LANDLORD AND TENANT – service charges – whether charges payable under leases within definition – whether amount payable might vary according to cost of providing services – held that charges were within definition – appeals dismissed – Landlord and Tenant Act 1985, s 18(1) Citations: [2010] UKUT 237 (LC), [2011] L and TR 7 … Continue reading Southern Housing Group Ltd and Another, Re Ada Lewis House and Princess of Wales Court: UTLC 15 Jul 2010
LT LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 sections 20 and 20ZA – Service Charges (Consultation Requirements) (England) Regulations 2003 -qualifying long term agreement (QLTA) – power to dispense with consultation requirements before QLTA entered into – whether consultation requirements should be dispensed with. Citations: [2008] EWLands LRX – 81 … Continue reading Auger and Another v London Borough of Camden: LT 14 Mar 2008
LT LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – jurisdiction of Leasehold Valuation Tribunal to order restitutionary payment of overpaid service charges – failure to comply with consultation requirements of section 20 as amended of 1985 Act. Citations: [2008] EWLands LRX – 42 – … Continue reading Warrior Quay Management Company Ltd and Another v Joachim: LT 11 Jan 2008
LANDLORD AND TENANT – service charges – whether the cost of roof recovering works reasonably incurred and reasonable in amount – no evidence to support LVT decision as to cost of repairs – LVT failed to properly consider merits of a major contract compared with separate smaller contracts – Landlord and Tenant Act 1985 s. … Continue reading City of Westminster v Fleury and Others: UTLC 12 May 2010
LANDLORD AND TENANT – SERVICE CHARGE – apportionment – applicability and effect of section 27A(6) Landlord and Tenant Act 1985 and section 35 Landlord and Tenant Act 1987 Citations: [2018] UKUT 421 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 18 August 2022; Ref: scu.658645
Landlord and Tenant – service charges – landlord self-insuring – whether cost could be included in service charge – held it could not – qualifying works – disaggregation – date of agreement – held LVT erred procedurally in considering these – appeal allowed – section 20C order made – case remitted – Landlord and Tenant … Continue reading Mihovilovic and Another v Leicester City Council: UTLC 28 Jan 2010
SERVICE CHARGES – scaffolding erected in connection with cyclical repairs – whether costs reasonably incurred – whether associated agent’s fees reasonable and reasonably incurred – Landlord and Tenant Act 1985 s19 – appeal allowed Citations: [2006] EWLands LRX – 60 – 2004 Links: Bailii Jurisdiction: England and Wales Land Updated: 17 August 2022; Ref: scu.240453
SERVICE CHARGES – Landlord and Tenant Act 1985 Section 27A – jurisdiction of Leasehold Valuation Tribunal – LVT determines amount payable by way of service charge by various lessees – whether LVT has a discretion under Section 27A(d) and (e) (or otherwise) to order payment on such terms as appear to the LVT to be … Continue reading Southend-On-Sea Borough Council v Skiggs and others: LT 9 Mar 2006
A headmaster’s occupation of a house in the school was not ‘for the better performance of his duties’, and so was not a tied house, and so he had the right to buy it. A term could not be implied into his contract to require him to occupy the house. Citations: Ind Summary 06-Dec-1993, Gazette … Continue reading Hughes and Another v Greenwich London Borough Council: HL 26 Oct 1993
Landlord and Tenant Act 1985 Section 2OZA Citations: [2015] UKFTT RP – LON – 00AY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.626279
SERVICE CHARGES – Landlord and Tenant Act 1985 section 27A – construction of lease – whether obligation on tenants of basement flat to contribute towards landlord’s costs of providing an entry phone Citations: [2006] EWLands LRX – 88 – 2005 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 09 August 2022; Ref: scu.241465
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 council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the controls. There was no evidence of this having been done for payment. … Continue reading Birmingham City Council v Qasim and Others: CA 20 Oct 2009
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985
Griffiths LJ discussed the bringing of cases for possession under the summary procedure provided by Order 113: ‘There will obviously be cases in which, although proceedings are started by way of a summary procedure it quickly becomes apparent that a substantial issue has to be tried. If it was apparent to the applicant that a … Continue reading Henderson v Law: CA 1985
Judges: Lord Johnston and Lord Osborne and Lord Weir Citations: [2003] ScotCS 145 Links: Bailii Jurisdiction: Scotland Citing: Cited – Street v Mountford HL 6-Mar-1985 When a licence is really a tenancyThe document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had … Continue reading Ali v Khosla and Khosla and others: IHCS 16 May 2003
LANDLORD AND TENANT – service charges – lease granted under Right to Buy legislation – improvement contributions – ascertainment of reference period – section 125 notices specifying reference periods notices under section 128(4) specifying later periods – construction of leases in light of these – Landlord and Tenant Act 1985 – appeals allowed Citations: [2006] … Continue reading Hyams and Another v Wilfred East Housing Co-Operative Ltd: LT 14 Nov 2006
The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy. Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt … Continue reading Eastleigh Borough Council v Walsh: HL 28 Mar 1985
LANDLORD AND TENANT – service charges – landlord’s covenant to repair structure and exterior of premises – whether external windows part of structure and exterior – held that they were – Landlord and Tenant Act 1985 s27A; Housing Act 1985 Sch 6 para 14(2). Citations: [2008] EWLands LRX – 146 – 2007 Links: Bailii Statutes: … Continue reading Sheffield City Council and Another v Oliver: LT 18 Aug 2008
Landlord and Tenant Act 1985 s.20C – Order to disregard litigation costs as relevant costs for service charge – Does not follow event of litigation – ‘just and equitable’ criterion – Procedure on appeal from LVT under Landlord and Tenant Act 1985 s. 31A – Rehearing discretionary Citations: [2001] EWLands LRX – 37 – 2000 … Continue reading Tenants of Langford Court v Doren Ltd: LT 31 Mar 2001
The landlord owned two adjoining commercial properties. The tenant of one proposed to assign the lease to the tenant of the adjoining property. The landlord refused consent on the ground that if the assignment went ahead, it was likely that the assignee would terminate its tenancy of the adjoining property, which the landlord would have … Continue reading Houlder Brothers and Co Ltd v Gibbs: CA 1925
LT LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 section 27A -LVT’s decision lacking findings of fact or adequate reasons – Lands Tribunal deciding the dispute was not capable of just determination by Lands Tribunal on the papers on an appeal by way of review- in the light of that decision, … Continue reading Witnesham Ventures Ltd v Markwick and others: LT 24 Apr 2008
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 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
Citations: [1996] EWHC Admin 50 Statutes: Landlord and Tenant Act 1985 Jurisdiction: England and Wales Landlord and Tenant Updated: 10 July 2022; Ref: scu.136598
LT SERVICE CHARGE . . Landlord and Tenant Act 1985 s.27A ( construction of lease ( whether landlord’s renewal of a retaining wall on an undemised part of the estate was within landlord’s repairing obligation and could be included in service charge. Citations: [2006] EWLands LRX – 137 – 2005 Links: Bailii Statutes: Landlord and … Continue reading The Incorporated Trustees of the Dulwich Estate v Kaye and others: LT 11 Sep 2006
LT SERVICE CHARGE . . Landlord and Tenant Act 1985 section 27A (construction of lease) preliminary issue as to whether landlord entitled to renew the windows in the Building and to seek recovery of the costs through the service charge. Judges: Huskinson J Citations: [2006] EWLands LRX – 108 – 2005 Links: Bailii Statutes: Landlord … Continue reading JR and R Wilson Turst v Blount and others: LT 11 Sep 2006
LANDLORD AND TENANT – services charges – Section27A Landlord and Tenant Act 1985 as introduced by Section 155 Commonhold and Leasehold Reform Act 2002 which came into force on 30 September 2003 – the Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) England) Order 2003 – whether on an application made to … Continue reading Sinclair Gardens Investments (Kensington) Ltd v Wang and others: LT 7 Jul 2006
The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out to evict her. She claimed that the authority had to get a court authority before so evicting her. … Continue reading Desnousse v London Borough of Newham and others: CA 17 May 2006
The issue on this appeal is the extent to which a provision dealing with service charges in a residential lease is invalidated by section 27A (6) of the Landlord and Tenant Act 1985. Judges: Lord Justice Lewison Citations: [2021] EWCA Civ 27 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 06 July 2022; … Continue reading Aviva Investors Ground Rent Gp Ltd and Another v Williams and Others: CA 18 Jan 2021
