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
Citations: [2015] UKFTT RP – CHI – 00MR – Links: Bailii Statutes: Landlord and Tenant Act 1985 27A Jurisdiction: England and Wales Landlord and Tenant Updated: 30 November 2022; Ref: scu.626460
The court was asked whether a local authority can lawfully bind itself by contract to subject the exercise of its statutory power to vary its tenancy agreements by notice to the approval of tenants’ representatives. Held: The local authority could not fetter its right in that way. The authority had a statutory power of management … Continue reading Kilby, Regina (on the Application of) v Basildon District Council: CA 22 May 2007
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 authority sought to apply the exception so as to deprive its tenant of security of possession. Held: In order to succeed in removing protection, the landlord authority had to establish each of the four statutory requirements. The scheme was intended to encourage private landlords, but in order to apply the scheme, there had to … Continue reading Hickey v London Borough of Haringey: CA 10 Apr 2006
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
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003
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
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to require the lease. The parties differed as to whether a parking right was included. … Continue reading London Borough of Southwark v Dennett: CA 7 Nov 2007
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
UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – Leasehold Valuation Tribunal (Fees) (England) Regulations 2003 Regulation 9 Citations: [2012] UKUT 374 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 November 2022; Ref: scu.472070
LT SERVICE CHARGES – Landlord and Tenant Act 1985 section 27A – arithmetical error made by Leasehold Valuation Tribunal – correction. Citations: [2006] EWLands LRX – 113 – 2005 Statutes: Landlord and Tenant Act 1985 27A Jurisdiction: England and Wales Landlord and Tenant Updated: 13 November 2022; Ref: scu.244523
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
Landlord and Tenant – Service Charges – apportionment of liability for service charges – wording in lease rendered void by section 27A(6) of the Landlord and Tenant Act 1985 – effect of lease once void wording deleted Citations: [2020] UKUT 111 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 13 November 2022; … Continue reading Williams v Lessees of 38 Flats In Vista: UTLC 6 Apr 2020
UTLC LANDLORD AND TENANT – service charges – invalid demand because name of landlord not given – whether made valid for purposes of operation of section 20B by later valid demand – section 20C decision – whether reasons adequate – whether discretion properly exercised – appeal and cross-appeal dismissed – Landlord and Tenant Act 1985 … Continue reading Johnson v County Bideford Ltd: UTLC 17 Dec 2012
UTLC LANDLORD AND TENANT – service charges – whether costs of major works and administration charge reasonable and/or reasonably incurred – apportionment – consultation arrangements – capital works programme in accordance with PPC 2000 Contracting Arrangements – s. 20C order – Landlord and Tenant Act 1985 sections 19(1), 20 and 27A – appeal allowed Citations: … Continue reading Hackney v Akhondi: UTLC 10 Dec 2012
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 12 November 2022; Ref: scu.622966
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 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
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
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 tenants appealed rejection of their application that they should pay the price for their council property set on the first of two notices to buy it. Held: As to whether the tenants had impliedly withdrawn their first notice: ‘[B]ecause of the way in which I consider that this appeal should be determined, it would … Continue reading Copping v Surrey County Council: CA 21 Dec 2005
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
UTLC LANDLORD AND TENANT – reasonableness of service charges – application of the provisions of section 18, 19 and 27A of the LTA 1985 – sufficiency of reasons – the LVT as expert – reasons on refusal to grant permission to appeal – disallowing costs Judges: Walden Smith Judge Citations: [2012] UKUT 154 (LC) Links: … Continue reading London Borough of Havering v MacDonald: UTLC 17 May 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
An Application under section 27A and section 20C of the Landlord and Tenant Act 1985 and schedule 11 of the Commonhold and Leasehold Reform Act 2002. Citations: [2014] UKFTT RP – MAN – 00BU – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.629959
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
To Dispense With The Requirement To Consult Lessees About Major Works – Section 20 Za Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – CHI – 00LC – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 October 2022; Ref: scu.626982
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
Section 20ZA Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – MAN – 00CK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 October 2022; Ref: scu.626902
Section 20za Landlord and tenant act 1985 Application to dispense with consultation procedure covering proposed works Citations: [2015] UKFTT RP – CHI – 29UN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 October 2022; Ref: scu.626872
To Dispense With The Consultation Requirements Under S20 Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.626947
Liability to pay service charges Section 27A Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – CHI – 00HY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 October 2022; Ref: scu.626885
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
Landlord and tenant act 1985 – S27A Landlord and tenant Act 1985 – S20c Citations: [2015] UKFTT RP – MAN – 00BR – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626913
Citations: [2015] UKFTT RP – MAN – 00DA – Links: Bailii Statutes: Landlord and Tenant Act 1985 20ZA Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626840
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
London : Dispensation From Statutory Consultation (Section 20ZA Landlord and Tenant Act 1985) Citations: [2015] UKFTT RP – LON – 00BJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626542
Landlord and Tenant Act 1985 – S27A Commonhold and Leasehold Reform Act 2002 – Schedule 11 Paragraph 5 Citations: [2015] UKFTT RP – MAN – 00BY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626895
Sections 27A and 20C of The Landlord and Tenant Act 1985 Citations: [2015] UKFTT RP – LON – 00BG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626881
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
Judges: Morgan J Citations: [2011] EWHC 1663 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1985 20B Jurisdiction: England and Wales Landlord and Tenant Updated: 13 October 2022; Ref: scu.441312
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
Citations: [2015] UKFTT RP – MAN – 00BN – Links: Bailii Statutes: Landlord and Tenant Act 1985 19 27 20C Jurisdiction: England and Wales Landlord and Tenant Updated: 06 October 2022; Ref: scu.626200
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 claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own. Held: Applying Davidoff, the words can also be read as extending to goods or services which are identical with or similar to those … Continue reading Mastercard International Incorporated v Hitachi Credit (Uk) Plc: ChD 8 Jul 2004
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 29UQ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 October 2022; Ref: scu.622957
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
Service Charges Citations: [2011] EWLVT LON – LV – SVC – 00AD – 0, [2011] EWLVT LON – LV – SVC – 00AD – 0, [2011] EWLVT LON – LV – SVC – 00AD – 0 Links: Bailii, Bailii, Bailii Statutes: Landlord and Tenant Act 1985 27A Landlord and Tenant Updated: 28 September 2022; Ref: … Continue reading 22 Maple Court – Bexley : London (Service Charges): LVT 9 Nov 2011
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 tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
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
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00 – B Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 September 2022; Ref: scu.622901
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 – Landlord and Tenant Act 1985 s20C – order to disregard litigation costs as relevant costs for service charge – relevance of outcome of proceedings – ‘just and equitable’ criterion Citations: [2010] UKUT 380 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 September 2022; Ref: … Continue reading The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 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
LANDLORD AND TENANT – services charges – Landlord and Tenant Act 1985 as amended section 21B – The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 – whether a demand for service charges served after the commencement of section 21B must comply with that section where the items of expenditure … Continue reading Amourgam v Valepark Properties Ltd: UTLC 4 Jul 2011
UTLC LANDLORD AND TENANT – service charge – whether proposed replacement of roofing tiles reasonable – held no evidence to support LVT’s conclusion that it was not – whether existence of a sinking fund a relevant consideration in determining reasonableness – held that it was – appeal upheld – Landlord and Tenant Act 1985 S.19. … Continue reading Southall Court (Residents) Ltd v Tiwari: UTLC 16 Jun 2011
LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – whether obtaining of a Surveyor’s Certificate a condition precedent to liability to make on account payments or final payments of service charge – held it was a condition precedent – extent to which (quite apart from … Continue reading Akorita v Marina Heights (St. Leonards) Ltd: UTLC 29 Jun 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 – CAM – 26UJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 September 2022; Ref: scu.622953
