Citations: [2018] UKFTT RP – LON – 00A – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623495
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
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
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
‘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
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 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 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 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
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
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s possession of the premises. Held: Such a clause was not consistent with a … Continue reading National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd: CA 18 Oct 2001
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
LT LANDLORD AND TENANT – service charges – apportionment of charges between residential and commercial tenants – whether landlord was in manifest error under the terms of the residential leases by increasing the residential proportion – effect of previous LVT decision on the same issue – appeal allowed – Landlord and Tenant Act 1985 ss … Continue reading Southern Rent Assessment Panel v Rowner Estates Ltd: LT 18 Oct 2007
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
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
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
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
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
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
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
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 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
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 – 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
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
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 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
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal. Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a procedural irregularity. The application had been correctly refused. ‘The question of whether certain work is … Continue reading Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal: CA 8 Nov 2005
The client challenged his opponent’s solicitors bill of costs, saying that the other side had not been given an estimate of costs. The solicitor acted on several matters for the client and had not given a formal estmate. Held: The absence of the estimate should not deprive the solicitor of payment for the work undertaken … Continue reading Garbutt and Another v Edwards and Another: CA 27 Oct 2005
Application was made to join in further parties to support a cross undertaking on being made subject to interim injunctions. Held: On orders other than asset freezing orders it was not open to the court to impose cross-undertakings against parties unwilling to grant them. ‘Since a cross-undertaking cannot be imposed, it follows that a fortiori … Continue reading Smithkline Beecham Plc and others v Apotex Europe Ltd and others: PatC 26 Jul 2005
The House considered the construction of a consolidation Act. Held: It is ordinarily both unnecessary and undesirable to construe a consolidation Act by reference to statutory antecedents, but it is permissible to do so in a case where the consolidation Act is unclear, or cannot be resolved by classical methods of construction. Self-contained statutes, whether … Continue reading Farrell v Alexander: HL 24 Jun 1976
The tenant had allowed an equitable charge over his lease in favour of a creditor. The lease was forfeited by peaceable re-entry for non-payment of rent, and the chargee sought relief from forfeiture. A new tenancy had been granted in the mean-time. Held: If relief was on the basis of payment of arrears, some part … Continue reading Bland v Ingrams Estates Ltd and Others (No 2): CA 11 Jul 2001
The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting. Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and the proposed sub-tenant. The tenant would remain liable for rent and repairs as before. The … Continue reading NCR Ltd v Riverland Portfolio No.1 Ltd: ChD 16 Jul 2004
The court was asked as to the liability of five underlessees to pay the rent for a caretaker employed by the landlord. The lease envisaged a caretaker living in the building. Previously the caretaker had been paid a larger wage but had then paid a rent. Held: The landlord’s appeal was dismissed. Provisions relating to … Continue reading Gilje and others v Charlgrove Securities Ltd: CA 4 Oct 2001
The landlord had elected to waive exemption to charging VAT on its lettings. The tenant relet the demised premises, but at first without charging VAT. It later charged VAT on the sublease, but the commissioners objected to the attempt of the claimants under regulation 109 to reclaim the VAT it had itself paid before that … Continue reading Royal and Sun Alliance Insurance Group plc v Her Majesty’s Commissioners of Customs and Excise: HL 22 May 2003
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage – claim rejected; Costs and expenses partial award – Convention proceedingsThe applicant was a dairy farmer. Under the scheme operated within the European Community for reducing surplus milk products, he was allocated a milk … Continue reading Van De Hurk v The Netherlands: ECHR 19 Apr 1994
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
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’s covenants included an obligation ‘to keep in good and substantial repair . . the demised premises and every part thereof.’ Held: A repairing covenant does not require a defect in design to be made good. One cannot have an existing obligation to repair unless and until there is a disrepair.Slade LJ said: ‘In … Continue reading Post Office v Aquarius: CA 2 Jan 1985
For permission to dispense with consultation requirements in respect of qualifying works (section 20ZA Landlord and Tenant Act 1985) Citations: [2018] UKFTT RP – CAM – 22UH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623615
LANDLORD AND TENANT – Service Charges – Leaseholder’s application for determination of charges due in specified years – quantification of charges – whether liability to pay service charge conditional on certification – leaseholder’s liability to pay administration charges – leaseholder’s liability for costs of proceedings – sections 20C and 27A, Landlord and Tenant Act 1985 … Continue reading Urban Splash Work Ltd v Ridgway and Another: UTLC 1 Mar 2018
Citations: [1985] 1 EGLR 70 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, … Continue reading Italica Holdings SA v Bayadea: 1985
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 tenant occupied land next to a canal under a lease from the Defendants. The landlord opposed a renewal saying they wished to occupy the land themselves for the purposes of a marina. The tenant said the plan was unrealistic, because it would not get planning permission for the change of use (the tenant was … Continue reading Regina (Westminster City Council) v British Waterways Board: HL 1985
The court considered the meaning of ‘adjoining occupiers’ The tenant suggested that the word ‘ adjoining’ should be read literally so that the premises must be contiguous in the sense of physically joining, or being co-terminous with the holding of the tenant whose conduct was complained of. It was submitted that adjoining did not mean … Continue reading Cobstone Investments Limited v Maxim: CA 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
Landlord and Tenant – Service Charges – Landlord and Tenant Act 1985 section 27A(4) – whether FTT has jurisdiction to hear application – matters ‘agreed or admitted’ – matters ‘subject to determination by a court’ – application to strike out under Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, rule 9 – appeal from refusal … Continue reading Marlborough Park Services Ltd v Leitner: UTLC 31 Jul 2018
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 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 Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008
Landlord and Tenant – Service Charges – Reasonableness – reasonableness of sums payable in advance – relevance of NHBC warranty – whether necessary that receipt of funds from NHBC be guaranteed before being taken into account in determining reasonableness of advance payments – ss.19(2), 27A Landlord and Tenant Act 1985 – appeal dismissed Citations: [2018] … Continue reading Avon Ground Rents Ltd v Cowley and Others Re: The Interchange: UTLC 21 Mar 2018
The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000
The requirement that it was necessary for an agent of a company delivering a deed to have been appointed under seal was surmountable by corporations giving officers authority by deed. Citations: [1893] 2 Ch 555 Jurisdiction: England and Wales Cited by: Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003 The proposed landlord had … Continue reading Powell v London and Provincial Bank: 1893
An occupier who has been granted exclusive possession, may nevertheless be a licensee if, in the agreement: ‘there is mentioned the clear intention of both parties that the rights granted are to be merely those of of a personal right of occupation and not those of a tenant.’ and ‘It seems to me that, if … Continue reading Street v Mountford: CA 1985
A husband resisted his former wife’s claim under the section against his brother, her brother-in-law. He asserted, with a view to deceiving both his wife and the Court, that his brother, who held the fee of a house, did not hold any share beneficially for the husband but held entirely for himself, the brother. That … Continue reading Singh v Singh: 1985
There is a strong presumption that Parliament will not legislate to prevent individuals affected by legal measures promulgated by executive public bodies having a fair opportunity to challenge these measures and to vindicate their rights in court proceedings doing so. Viscount Simonds said: ‘It is a principle not by any means to be whittled down … Continue reading Pyx Granite Ltd v Ministry of Housing and Local Government: HL 1959
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Consent to Assignment Unreasonably Withheld The landlord had refused a proposed assignment of office premises from a tenant who had occupied the premises as its permanent offices, to a tenant who proposed to use the premises as serviced offices – that is, for short-term rent to others. The lease provided that the only permitted use … Continue reading International Drilling Fluids v Louisville Investments (Uxbridge) Ltd: CA 20 Nov 1985
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
The court was asked whether an agreement between freeholder and property management company constitutes an agreement for more than twelve months, and therefore falls within the meaning of ‘qualifying long term agreement’ in section 20ZA(2) of the 1985 Act. The appeal therefore turns on (i) the correct construction and meaning of the relevant clause (clause … Continue reading Corvan (Properties) Ltd v Abdel-Mahmoud: CA 15 May 2018
LANDLORD AND TENANT – SERVICE CHARGES – s.20B(1), Landlord and Tenant Act 1985 – whether 18 month time limit on demands for service charges is repeated for each intermediate landlord – appeal allowed Citations: [2017] UKUT 449 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 April 2022; Ref: scu.599594
London : Reasonableness of and Liability for Service Charges and Administration Charges Under The Landlord and Tenant Act 1985 Citations: [2018] UKFTT RP – LON – 00AE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 March 2022; Ref: scu.623799
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
UTLC LANDLORD AND TENANT – service charges – limitation on service charges where costs incurred more than 18 months before demand – advance payments and balancing charges – held no limitation on advance payments – held no limitation on balancing charges since relevant costs incurred less than 18 months before demand – appeal allowed – … Continue reading Holding and Management (Solitaire) Ltd v Sherwin: UTLC 10 Dec 2010
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
UTLC LANDLORD AND TENANT – service charges – payments on account – section 20B of the Landlord and Tenant Act 1985- section 19 of the Landlord and Tenant Act 1985 [2016] UKUT 218 (LC) Bailii Landlord and Tenant Act 1985 19 England and Wales Landlord and Tenant Updated: 16 January 2022; Ref: scu.564153
Application was made for consent to assign a lease. The court was asked whether or not the purchaser of a leasehold interest in a property, who had elected to affirm the contract despite a repudiatory breach by the vendor, could be held to his election if, when he made it, he was aware of facts … Continue reading Peyman v Lanjani: CA 1985
UTLC LANDLORD AND TENANT – service charges – tenants to pay fixed proportion of service charge payable by intermediate landlord to freeholder – intermediate landlord to pay proportion of costs incurred by head landlord to be determined by head landlord or its surveyor whose decision is final and binding – jurisdiction of tribunal in relation … Continue reading Gater and Others v Wellington Real Estates Ltd and Another: UTLC 18 Dec 2014
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
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018
UTLC LANDLORD AND TENANT – Service Charges -Sections 18, 27A and 38 Landlord and Tenant Act 1985 – jurisdiction – First-tier Tribunal striking out as abuse – issue previously decided – appeal – whether a ‘lodge’ is a ‘dwelling’ within section 18(1) and a ‘building’ within section 38 -appeal dismissed – observations on meaning of … Continue reading Caddick v Whitsand Bay Holiday Park Ltd: UTLC 16 Feb 2015
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit would be insufficient. Held: The agreement to increase the rent was … Continue reading Bankway Properties Ltd v Penfold-Dunsford and Another: CA 24 Apr 2001
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
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
Houseowners around a square had variously enfranchised their properties, but were now in dispute as to the management of the communal garden. Held: Though the company was unable to recover the legal costs in the absence of an express power, they had otherwise acted properly. Mr Justice Collins [2003] EWHC 3173 (Ch) Bailii Landlord and … Continue reading Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd: ChD 19 Dec 2003
conflict between a landlord’s claim to possession and a tenant’s claim to exercise her right to buy, both being claims arising under the Housing Act 1985. The Hon Mr Justice Lindsay [2003] EWHC 2944 (Ch), [2004] 1 All ER 1036 Bailii Housing Act 1985 England and Wales Cited by: Cited – Basildon District Council v … Continue reading The Royal Borough of Kensington and Chelsea v Marilyn Hislop: ChD 5 Dec 2003
UTLC LANDLORD AND TENANT – service charges – LVT determined charges reasonable – accountancy evidence disputing charges had been incurred – s.27A Landlord and Tenant Act 1985 – LVT failed to have regard to tenant’s evidence and failed to determine if charges actually incurred before determining reasonableness [2013] UKUT 153 (LC) Bailii Landlord and Tenant … Continue reading Brown and Another v Island Homes Housing Association Ltd: UTLC 13 May 2013
Delivery of document in Escrow Blackburn J said that a deed is delivered ‘as soon as there are acts or words sufficient to [show] that it is intended by the party to be executed as his deed presently binding on him.’ Lord Cranworth said: ‘The maker (of a deed) may so deliver it as to … Continue reading Xenos v Wickham: HL 1866
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the investigation, saying that it had infringed his Artricle 3 human rights. The Sheriff rejected … Continue reading Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 2007
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 court was asked whether a steamship company was liable to be rated in respect of its occupation of sheds which it occupied under a licence from the Mersey Docks and Harbour Board. The court noted that liability for rates fell only on a person who had exclusive occupation. Held: ‘The poor-rate is a rate … Continue reading Allan v Liverpool Overseers: 1874
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
Old breaches did not support possession order The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three … Continue reading Telchadder v Wickland Holdings Ltd: SC 5 Nov 2014
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002
UTLC LANDLORD AND TENANT – service charges – tenant to pay fair proportion of landlord’s expenditure – fair proportion to be determined by landlord’s surveyor – surveyor’s determination to be final and binding – whether apportionment void – whether first-tier tribunal having jurisdiction to substitute different apportionment – Landlord and Tenant Act 1985 ss. 18, … Continue reading Windermere Marina Village Ltd v Wild and Another: UTLC 28 May 2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014
Deleayed Rates Claims Service made them Defective The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created substantial prejudice. The Council challenged the correctness … Continue reading North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010
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
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000