The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004
An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995
Coleridge J: ‘the covenants must have been strictly kept, or, if broken, must have been satisfied for. So understood, the words import a condition precedent neither impossible nor unreasonable; and where that is clearly the case, the mere difficulty of performance, from the number or nature of the covenants to be performed, – a fact … Continue reading Grey v Friar: 1854
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some … Continue reading Drew-Morgan v Hamid-Zadeh: CA 13 May 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
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair. Held: The appointment of the manager … Continue reading Taylor v Blaquiere: CA 14 Nov 2002
Application for leave to appeal – granted. Citations: [1999] EWCA Civ 1037 Statutes: Mobile Homes Act 1983 Jurisdiction: England and Wales Citing: Cited – Stroud v Weir Associates CA 1987 The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of … Continue reading Howard and others v Kinvena Homes Limited: CA 19 Mar 1999
The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out … Continue reading Kerr v Stephens: CA 15 Feb 2006
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
A contract is not conditional merely because it contains obligations which may be termed promissory conditions. The taxpayer company was the prospective tenant under a building agreement. By clause 4 it agreed to build a six-story office block in Reading and clause 4 provided that if the building was completely and satisfactorily finished the landlords … Continue reading Eastham v Leigh London and Provincial Properties Ltd: CA 1971
Appeal from dismissal of claim for relief from forfeiture Citations: [1998] EWCA Civ 1714, [1999] 1 All ER 356, [1999] BCC 967, [1999] BCC 967, [1999] L and TR 374, [1998] EG 159, [1999] 3 WLR 229, [2000] Ch 104, [1999] 1 BCLC 670, (1999) 31 HLR 990, [1998] EGCS 159 Links: Bailii Statutes: Landlord … Continue reading Michaels v Harley House (Marylebone) Limited: CA 6 Nov 1998
The tenants had sought to purchase the freehold under the 1987 Act. One tenant having signed an ‘irrevocable’ agreement to participate, withdrew his involvement in the purchase, and the remaining number of tenants were no longer a sufficient majority under the Act. Held: The individual tenant’s right not to participate in the purchase of a … Continue reading Mainwaring and Yeoman’s Row Management Limited v Trustees of Henry Smith’s Charity (No 2): CA 3 Oct 1996
Citations: [1998] EWCA Civ 1435 Statutes: Housing Act 1988 S2 g11, Landlord and Tenant Act 1987 48 Jurisdiction: England and Wales Citing: Cited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994 The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for … Continue reading Morgan v Hamid-Zadeh: CA 15 Sep 1998
The court considered an application for leasehold enfranchisement where a doorway had been constructed between the two ground-floor halls and the tenant of the two maisonettes occupied both together as his residence. Two residential units may constitute a single house although they were purpose-built for separate occupation and have always been in separate occupation, with … Continue reading Sharpe v Duke Street Securities: 1987
The court was asked whether a lease constituted an incumbrance on a title: ‘In the first place, I am not satisfied that a lease was an incumbrance to these parties. It is true that in certain circumstancess a lease may be regarded as an incumbrance, but it seems to me that an incumbrance, normally, is … Continue reading District Bank v Webb: 1958
The appellant challenged a formal statutory demand which had led to his bankruptcy. The demand had included the anticipated cost of realising the charged property, and also had been inflated to allow for extra costs of dealing the appellant who was perceived to be recalcitrant and unco-operative. Held: The statutory demand could only include sums … Continue reading Owo-Samson v Barclays Bank Plc, Boyden: CA 21 May 2003
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open. Held: Specific performance is an exceptional remedy, as opposed to the common law … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores: HL 21 May 1997
Application To Vary Lease By A Party To The Lease Under Section 35 of The Landlord and Tenant Act 1987 Citations: [2014] UKFTT RP – LON – 00AS – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.630169
UTLC LANDLORD AND TENANT – variation of leases – Landlord and Tenant Act 1987 Part IV as amended – service charges – proportionate contributions totalling less than 100% of relevant costs – section 35(2)(f) and (4) – whether order under section 38 varying the leases can be effective from a date earlier than the date … Continue reading Brickfield Properties Ltd v Botten: UTLC 14 Mar 2013
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
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
UTLC LANDLORD AND TENANT – variation of leases – dwelling house converted to three flats – application by freeholder and two leaseholders for variation of all leases to allow full recovery of costs incurred by freeholder in running block – requested variation order made by LVT – whether object of variation could be satisfactorily achieved … Continue reading Thirlaway v Masculet and Others: UTLC 29 Oct 2012
The parties had contracted for the sale of a property subject to a residential tenancy under the 1987 Act. The purchaser appealed refusal of specific performance, the court having found that it had failed to meet a precondition for serving a notice to complete. It had agreed to discharge liabilities to the seller, and contract … Continue reading Chinnock v Hocaoglu and Another: CA 29 Oct 2008
Renewed application for permission to appeal. Citations: [2007] EWCA Civ 231 Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Citing: At Lands Tribunal – Cawsand Ford Management Co Ltd v Stafford and others LT 7-Nov-2006 LT LANDLORD AND TENANT – appointment of manager – lessees with incorporeal rights over land outside … Continue reading Cawsand Fort Management Co Ltd v Stafford and others: CA 21 Feb 2007
UTLC LANDLORD AND TENANT – variation of leases – application by landlords and majority of leaseholders for variation of all leases to allow replacement of communal heating system with individual boilers and recovery of management and legal costs through the service charge – appeal against LVT’s refusal to order recovery of management and legal costs … Continue reading Shellpoint Trustees Ltd and Another v Barnett and Others: UTLC 8 Oct 2012
The landlord appealed against an order for the sale of its reversion to the long lessees of the property. Held: The appeal failed. However it was incumbent on those serving a notice under section 27 to state precisely their objection to the continued management and ownership of the freehold by the landlord. Judges: Geraldine Andrews … Continue reading Arrowgame Ltd v Maxwell Brent Wildsmith and Others: ChD 22 Nov 2012
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
The respondent sought security for costs. One plaintiff was bankrupt, and an outstanding costs order had not been met. Held: The matter should not be adjourned pending an application for legal aid, and nor should the considerable interest in the case put the respondent at risk. Security for costs ordered. Citations: [1997] EWCA Civ 1920, … Continue reading Michaels and Michaels v Harley House (Marylebone) Limited: CA 20 Jun 1997
UTLC LANDLORD AND TENANT – service charges – address of landlord in demand to tenant for rent or other sums – whether address of landlord’s agent sufficient – held that it was not – appeal dismissed – Landlord and Tenant Act 1987 s 47 Citations: [2012] UKUT 133 (LC) Links: Bailii Statutes: Landlord and Tenant … Continue reading Beitov Properties Ltd v Martin: UTLC 8 May 2012
The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996
The claimant sought an order allowing the sale of the freehold of the building where she occupied an apartment. The trustees, when proposing to sell the building to the trustees of the Wellcome Trust, should have served notice under section 5 of the Act on the appellant and other qualifying tenants. The section provides for … Continue reading Mainwaring v Trustees of Henry Smith’s Charity (No 1): CA 20 Feb 1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address of agent: Acting Agent RM’ with the address. This notice … Continue reading Marath and Another v MacGillivray: CA 5 Feb 1996
Application for The Variation of A Management Order Made Under S24, of The Landlord and Tenant Act 1987 Citations: [2015] UKFTT RP – LON – 00AN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626852
Judges: Gibson LJ, Citations: [2002] EWCA Civ 417 Links: Bailii Statutes: Supreme Court Act 1981 51, Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales Costs, Landlord and Tenant Updated: 13 October 2022; Ref: scu.216971
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
Where a party enters into an arrangement which can only take effect by the continuance of an existing state of circumstances, there is an implied engagement on his part that he will do nothing of his own motion to put an end to that state of circumstances.Lord Atkin said: ‘The arrangement between the parties appears … Continue reading Shirlaw v Southern Foundries (1926) Ltd: HL 1940
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 tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the right to start the procedure. Held: There was no presumption … Continue reading Hemingway Realty Ltd v Clothworkers’ Company: ChD 8 Mar 2005
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
Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should … Continue reading Urwick and Another v Pickard: UTLC 22 Nov 2019
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
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
LVT LANDLORD AND TENANT – variation of lease – covenant proposed by lessor providing for payment by lessees of fee of managing agent – lease otherwise remaining the same – held existing provision not unsatisfactory – decision of LVT reversed – Landlord and Tenant Act 1987 ss 35(2)(e) and (f) Citations: [2011] UKUT 264 (LC) … Continue reading Cleary and Others v Lakeside Developments Ltd: UTLC 7 Jul 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
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
Land at Wembley stadium had been sold to the defendants and leased back. The defendant assigned the freehold within the group, declaring that the lease was held in trust for the original freeholder. The claimant now said that the defendant assignee was not entitled to claim the service charge. Held: There had been an estoppel … Continue reading Wembley National Stadium Ltd v Wembley (London) Ltd and Others: ChD 4 Apr 2007
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
LT LANDLORD AND TENANT – right to manage – applications to LVT dismissed because agreed that notices had not been given to landlords – claim by landlords for costs – whether notices had been ‘given’ for this purpose – whether RTM companies estopped from denying that they had been – held notices had not been … Continue reading Plintal Sa and Another v 36-48A Edgewood Drive Rtm Co Ltd and Another: LT 5 Mar 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
The court discussed the nature and purpose of rent review clauses: ‘There is no doubt that the general object of a rent review clause, which provides that the rent cannot be reduced on a review, is to provide the landlord with some measure of relief where, by increases in property values or falls in the … Continue reading Equity and Law Life Assurance Society plc v Bodfield Ltd: CA 1987
UTLC SERVICE CHARGE – whether there is jurisdiction to vary as unsatisfactory the computation of service charges payable under a lease on grounds other than those set out in section 35(4) of the Landlord and Tenant Act 1987 Citations: [2009] UKUT 186 (LC), [2010] 1 P and CR 17 Links: Bailii Jurisdiction: England and Wales … Continue reading Morgan v Fletcher and Others: UTLC 28 Sep 2009
UTLC LANDLORD AND TENANT – variation of lease – Landlord and Tenant Act 1987 sections 35 and 38 – whether the leases should be varied so as to require landlord to pay the tenants costs of variation – appeal allowed Citations: [2010] UKUT 70 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England … Continue reading Baystone Investments Ltd v Perkins and Others: UTLC 10 Mar 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 – Appointment of Manager – whether landlord in breach of obligation under tenancy – sufficiency of FTT’s findings of fact and reasons – failure to consider whether just and convenient to make appointment – ss.22-24, Landlord and Tenant Act 1987 – appeal allowed Citations: [2022] UKUT 209 (LC) Links: Bailii Jurisdiction: England … Continue reading Invergarry Court Ltd v Connolly and Others: UTLC 3 Aug 2022
Under the Act ‘the Recorder is given a wide discretion by the agreement. The width and unstructured nature of the discretion may seem surprising in relation to an issue as important to residents, and as potentially contentious, as that of pitch fees.’ Judges: Lord Justice Gage Lord Justice Carnwath Citations: [2006] EWCA Civ 283 Links: … Continue reading Warfield Park Homes Ltd v Warfield Park Residents Association: CA 27 Mar 2006
The plaintiff was the tenant of a flat in a block of flats owned by the defendant. When the flat immediately above the plaintiff’s flat became vacant, she requested the defendant to board it up so as to secure it against intruders. The defendant took no effective steps to secure the upper flat and on … Continue reading King v Liverpool City Council: CA 1986
The plaintiff told the defendant it was willing to grant a lease on the same terms as those contained in a new tenancy that the plaintiff had recently granted to the tenant of a nearby shop, also owned by the plaintiff. The defendant carried out improvements in reliance on that assurance. Held: The plaintiff was … Continue reading JT Developments v Quinn and Another: CA 1990
The tenant had the option to take a further lease on giving written notice of their desire ‘if it shall have . . performed and observed the several stipulations on its part to be performed and observed up to the date of [the notice]’. The question was whether the clause required the reading that past … Continue reading Bass Holdings Ltd v Morton Music Ltd: CA 1987
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the period of 35 minutes that he or she had … Continue reading Sim v Rotherham Metropolitan Borough Council: 1981
Landlord and Tenant Act, 1987 section 24(4) AND (9) – Power of LVT to give directions to Manager – Incurring costs in attending Landlord’s application to discharge Order – appointing Manager Citations: [2003] EWLands LRX – 49 – 2002 Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant … Continue reading Morshead Mansions Ltd, Re: LT 2 Jul 2003
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, and should provide similar relief to a guarantor. Held: (Mummery … Continue reading Remblance v Octagon Assets Ltd: CA 17 Jun 2009
The authority agreed to sell part of a housing estate. It proposed to enter into restrictive covenants for the retained parts of the estate to prevent the letting of any vacant flat except by way of a long lease at a premium. The decision was challenged on the basis that this would be an unlawful … Continue reading Regina v Hammersmith and Fulham London Borough Council, ex parte Beddowes: CA 1987
LT LANDLORD AND TENANT – variation of leases – Landlord and Tenant Act 1987 sections 35 and 38 – breach of natural justice (omission by LVT to take into consideration lessees’ submissions) – variation made taking into account attitudes of the parties in the light of impending enfranchisement (section 38(6)(b) applied). Citations: [2008] EWLands LRX … Continue reading Mawhood and Another v Sinclair Gardens Investments (Kensington) Ltd: LT 9 Jul 2008
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed. Held: The 1988 Act did not make clear that a tenant faced with a delay could nevertheless complete the assignment. … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 10 Apr 1997
LT LANDLORD AND TENANT – variation of lease – tenant of flat with full repairing obligations for exterior – difficulties of access for this purpose – whether lease made satisfactory provision for this – substantial rewriting of lease proposed by tenant – held lease made satisfactory provision – appeal dismissed – Landlord and Tenant Act … Continue reading Gianfrancesco v Haughton: LT 6 Mar 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
Landlord and Tenant – Service Charges – variation of lease – whether lease fails to make satisfactory provision for payment for services provided for the tenant’s benefit – appeal dismissed – section 35 of the Landlord and Tenant Act 1987 Citations: [2019] UKUT 193 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading London Borough of Camden v Morath: UTLC 25 Jun 2019
The head landlord had accepted a surrender of the head lease and granted a new lease. but for a longer term. The claimant company sought, on behalf of the qualifying tenants of the estate, an order for the disposal to it of the original lease under the 1987 Act. The landlord denied that it had … Continue reading Kensington Heights Commercial Company Ltd v Campden Hill Developments Ltd: CA 21 Mar 2007
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
The employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 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 defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were andpound;20,000, and that the tenant had done sufficient to be in material compliance with its … Continue reading Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd: CA 31 Mar 2006
The borough obtained a possession order of the secure tenancy of a flat occupied by their tenant for nuisance. It was suspended on terms for a certain period. They alleged further breaches shortly before the expiry of the possession order and they asked the period to be extended. The tenant did not appear at the … Continue reading Richmond v Kensington and Chelsea: CA 15 Feb 2006
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They … Continue reading National Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe: CA 15 May 1997
A lease had been granted with a break clause, which the tenant exercised. The Landlord said it had not complied with its obligations and was not free to exercise that clause. The clause had included the word ‘landlord’ where it should have read ‘tenant’. Held: The tenant’s appeal failed. The judge was correct to allow … Continue reading Littman and Another v Aspen Oil (Broking) Ltd: CA 19 Dec 2005
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the tenant and the poor condition of … Continue reading Eyre and others v McCracken: CA 10 Mar 2000
Landlords took possession after a successful, at first instance, forfeiture claim. The tenant succeeded on appeal and then brought a claim for the wrong of breach of the covenant for quiet enjoyment. Held: The lease had been in existence all the time, despite the ‘wrong’ order for forfeiture. A person acting on the basis of … Continue reading Expert Clothing Service and Sales Ltd v Hillgate House Ltd: CA 1985
In each case the authority had obtained an order for possession of the tenanted properties, but the court had suspended the possession orders. The tenants had therefore now become ‘tolerated trespassers’. They now claimed that they had again become secure tenants, having been allowed to continue in possession after breach of the terms of the … Continue reading London Borough of Lambeth and Hyde Southbank Ltd v O’Kane, Helena Housing Ltd: CA 28 Jul 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 landlord had obtained a possession order, but the tenant continued in occupation as a tolerated trespasser, claiming entitlement as successors in title. Rent arrears had accrued, but even if the tenant had paid thenm the council would have sought possession. Held: The use of the word ‘rent’ in a letter from Newham was insufficient … Continue reading London Borough of Newham v Hawkins and others: CA 22 Apr 2005
Judges: Lord Justice Chadwick Lord Justice Clarke Lord Justice Carnwath Citations: [2005] EWCA Civ 1068 Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 27 June 2022; Ref: scu.229732
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not … Continue reading Hackney v Side By Side (Kids) Ltd: QBD 14 Jul 2003
The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name and address in England or Wales at … Continue reading Rogan v Woodfield Building Services Ltd: CA 10 Aug 1994
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or inaccuracies which do not have the potential to mislead will not invalidate a notice. Citations: Times 15-Dec-1993, … Continue reading Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc: CA 15 Dec 1993
The claimant sought to begin proceedings to renew his business tenancy, but the proceedings were issued in the wrong name. He sought to amend the proceedings to substitute the correct defendant, but that application was out of time. Held: Proceedings under the 1954 Act were not within the proceedings listed by CPR 19.5 since the … Continue reading Parsons and Another v George and Another: CA 13 Jul 2004
A will made by a widow in 1939, left certain property to her son Francesc-Xavier, as tenant for life, with a stipulation that he was to leave this inheritance to a son or grandson of a lawful and canonical marriage, failing which the estate was to pass to the children and grandchildren of the testatrix’s … Continue reading Pla and Puncernau v Andorra: ECHR 13 Jul 2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation self contradictory as to its term. Held: The court had first to try to read … Continue reading Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004
The landlord had obtained a possession order against his secure tenant. The order was suspended, but the landlord then failed to enforce the order after the date and when the tenant had failed to comply with the terms of the suspension. The tenant died. There was in the meantime a statutory succession and the court … Continue reading Sherrin v Brand: CA 1956
A lease of various buildings including a public house required the rent review to be carried out on the premise that the demise consisted of a bare site. The issue was whether the terms of the hypothetical letting and the valuation formula were to be the same as in the lease itself or whether they … Continue reading Basingstoke and Deane Borough Council v Host Group Limited: CA 1988
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996
Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants’ addresses as required under the Act. Held: The addresses were known or readily available to the landlord, and the notices were not invalid. The court could consider … Continue reading M25 Group Limited v Tudor and others: CA 4 Dec 2003
Citations: [2018] UKFTT RP – CAM – 00KF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.623580
The tenant sought the right to purchase the freehold reversion. Her landlord resisted saying that the properties were excluded from enfranchisement being divided vertically. Held: The cases are fact dependent, and earlier precedents must be treated with caution after Malekshad. The words ‘which may reasonably be called a house’ are words of limitation. The buildings … Continue reading Collins v Howard De Walden Estates Limited: CA 16 Apr 2003
TBI was a property investor and developer with several subsidiaries. It agreed to sell some to London and Regional. The agreement provided for the vendor and the purchaser to use reasonable endeavours to agree the terms of a joint venture agreement regarding land at Belfast and Cardiff airports, having regard to the principles set out … Continue reading London and Regional Investments Ltd v TBI Plc and Others: CA 22 Mar 2002
