‘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 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
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 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
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
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
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 – 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 applicant claimed the right to purchase the freehold reversion for her home. The defendant said it was not held under a low rent so as to qualify, since the rent exceeded the rateable value as assessed. The rating list had been altered meantime from the two cottages to one combined listing. Held: Looking at … Continue reading Neville v Cowdray Trust Ltd and Another: CA 5 May 2006
The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held in trust. The landlord sought to use the fund to pay its … Continue reading St Mary’s Mansions Ltd v Limegate Investment Co Ltd, Sarruf and others: CA 11 Oct 2002
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
The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the leasehold flats and their curtilages. Held: The appeal failed. The Act ‘requires a … Continue reading Cawsand Fort Management Company Ltd v Stafford and others: CA 20 Nov 2007
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 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 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
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 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
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
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong manufacturer, and the error only came to light outside the limitation period. It was said … Continue reading Horne-Roberts (a Child) v Smithkline Beecham plc and Another: CA 18 Dec 2001
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on the strength of that promise. JAD was given permission to store items there, but … Continue reading Lloyd and others v Dugdale and Another: CA 21 Nov 2001
UTLC LANDLORD AND TENANT – variation of lease – validity of application – requirement that not more than 10% of tenants should be opposed to application – whether LVT had wrongly assessed number of tenants opposed to application – held they had not – appeal dismissed – Landlord and Tenant Act 1987 s 37(5) Citations: … Continue reading Dixon and Others v Wellington Close Management Company: UTLC 26 Mar 2012
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 43UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.622948
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623370
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622984
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622960
LT LEASEHOLD ENFRANCHISEMENT – price – calculation of the freehold value of the property with vacant possession and of the value of the flats with a share of the freehold -apparent agreement between experts upon valuation matters in fact concealing a disagreement. Citations: [2009] EWLands LRA – 5 – 2008 Links: Bailii Jurisdiction: England and … Continue reading RLG Drax A 1987 Settlement Trust v Kingsbere Court Management Company Ltd: LT 11 Feb 2009
Judges: Mr Justice Saville Citations: [1987] 2 Lloyd’s Rep 529 Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) Jurisdiction: England and Wales Cited by: Appeal from – Socony Mobil Oil Co Inc v West of England Ship Owners Mutual Insurance Association Ltd (Padri Island) (No 2); Firma CF-Trade SA v Similar (Fanti) CA 30-Nov-1989 … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the “Padre Island”) (No 2): 1987
The landlord had granted a lease, under which the tenant paid a security deposit on the signing of the lease. The deposit was returnable on the expiration of the term provided that there was no breach of any of it terms and conditions on the part of the tenant or else the deposit would be … Continue reading Hua Chaio Commercial Bank v Chiaphua Industries: PC 1987
The defendants had sought premises for a consulting business. A licence was initially given to allow the premises to be prepared for occupation, but then a head lease was granted. An underlease for the defendant was prepared, but not executed. On the defendant leaving, the claimants said that the defendant was bound as tenant to … Continue reading London and Associated Investment Trust Plc v Calow: 1986
21 people protested peacefully on the verge of the A344, next to the perimeter fence at Stonehenge. Some carried banners saying ‘Never Again,’ ‘Stonehenge Campaign 10 years of Criminal Injustice’ and ‘Free Stonehenge.’ The officer in charge concluded that they constituted a ‘trespassory assembly’ and told them so. When asked to move off, many did, … Continue reading Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999
An agreement in principle was marked ‘subject to contract’. The Government would acquire some flats owned the plaintiff Group of companies in return for the Government granting, inter alia, a lease to the Group of some Crown lands. The Government was allowed to and did take possession of the flats and spent money upon them … Continue reading Attorney General of Hong Kong v Humphreys Estate (Queen’s Gardens) Ltd: PC 1987
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
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
UTLC LANDLORD AND TENANT – Service Charges- failure of demand to comply with section 47 Landlord and Tenant Act 1987 – whether legal costs of tribunal proceedings and costs of surveyor recoverable pursuant to service charge clause in lease- reimbursement of tribunal fees – appeal allowed in part [2016] UKUT 371 (LC) Bailii Landlord and … Continue reading Cannon and Another v 38 Lambs Conduit Llp: UTLC 11 Aug 2016
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
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
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
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell the buildings within Part I separately. A majority … Continue reading Kay-Green and Others v Twinsectra Limited: CA 15 May 1996
UTLC LANDLORD AND TENANT – appointment of manager – whether LVT had power to appoint a receiver – s.24 landlord and Tenant Act 1987 – management order granted largely management functions and words ‘and Receiver’ deleted [2013] UKUT 165 (LC) Bailii Landlord and Tenant Act 1987 24 England and Wales Landlord and Tenant Updated: 25 … Continue reading PC Residents (Finchley Road) Ltd v Abiola and Others: UTLC 8 Apr 2013
No Frustration of Lease through loss of access The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated. Held: The lease was not frustrated. The lease had a term of ten years, and the interruption was … Continue reading National Carriers Ltd v Panalpina (Northern) Ltd: HL 11 Dec 1980
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
Properties had been built as substantial single dwellings. Later they had been converted into separate dwellings and let accordingly. The tenants sought to acquire the freeholds under the 1967 Act. Though required by the lease to use the properties as private dwellings, they had been used as short term lets for tourists. The landlord now … Continue reading Day and Another v Hosebay Ltd; Lexgorge Ltd v Howard de Walden Estates Ltd etc: CA 1 Jul 2010
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in … Continue reading Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010
The landlords claimed that the tenants remained bound under the lease to occupy and use the premises and pay rent. The tenant said that it had exercised a break option. The landlord said that the break was not exercisable because it had otherwise been in breach of the lease, though that breach had been remedied. … Continue reading Trygort (Number 2) Ltd v UK Home Finance Ltd and Another: SCS 29 Oct 2008
Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. Held: The defendants’ appeal was allowed. The court may grant an injunction to prevent … Continue reading Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
LT LANDLORD AND TENANT – section 24 Landlord and Tenant Act 1987 – breadth of LVT’s power to appoint manager -reliance on decision of earlier LVT – whether application raised issue estoppel and/or abuse of process -Cawsand Fort decision – effect of change of law – exercise of power to dismiss under Regulation 11 of … Continue reading Schilling and Another v Canary Riverside Estate Management Ltd: LT 8 Sep 2008
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
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form enquiries and confirmed that they acted as the lenders’ agents. Held: The solicitors had no real … Continue reading Angel Solicitors v Jenkins O’Dowd and Barth: ChD 19 Jan 2009
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The land was never used for road widening and notice to terminate … Continue reading Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
The court considered the effect of section 62 of the 1925 Act.
Sir Nicholas Browne-Wilkinson V-C said: ‘The main intention of Section 62 was to provide a form of statutory shorthand rendering it unnecessary to include such words expressly in . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
Wartime regulations were implemented which prohibited the building on land which was already subject to a building lease which required the lessees to erect several shops.
Held: Even if the doctrine of frustration could apply to a lease, the . .
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
Appeal against refusal of relief from forfeiture of lease – appeal based on assertion of waiver by acceptance of rent knowing of the breach.
Held: The appeal was refused. The acceptance of rent was through payment in of a cheque for a sum of . .
Under section 24 of the Landlord and Tenant Act 1987 for an appointing a manager and under section 20C of the Landlord and Tenant Act 1985 . .
References: [1987] 2 Lloyd’s Rep 529 Coram: Mr Justice Saville Ratio: Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) This case is cited by: Appeal from – Socony Mobil Oil Co Inc and others -v- West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padri Island’) (No 2); Firma CF-Trade S.A -v- Newcastle … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padre Island’) (No 2): 1987
References: [2003] UKHL 67, Gazette 22-Jan-2004, [2004] STC 73 Links: House of Lords, Bailii Coram: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Walker of Gestingthorpe When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher … Continue reading Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A landlord’s furnishing to his tenants of the particulars of a purchase must state the reason for the statement. A landlord’s reply to a notice which was equivocating as to the validity of claim was not a valid answer. Citations: Times 28-Mar-1997, Gazette 16-Apr-1997 Statutes: Landlord and Tenant Act 1987 11 Jurisdiction: England and Wales … Continue reading Staszewski v Maribella Ltd: CA 28 Mar 1997
A Landlord’s liability to carry out a repair to the tenanted property under the 1985 Act does not arise unless the tenant puts the landlord on notice of the disrepair. The tenant in such cases is under a duty to mitigate his losses. Citations: (1988) 20 HLR 393 Statutes: Landlord and Tenant Act 1987 11 … Continue reading Minchburn v Peck: 1988
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
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 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
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
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
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
(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 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
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 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 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 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
When a tenancy was terminated and was followed by a statutory tenancy, a term in the contractual tenancy that the tenancy should be forfeit on the tenant’s bankruptcy was continued in and inherited by the statutory tenancy. Though perhaps in conveyancing terms there was no positive obligation not to become bankrupt, the Acts should be … Continue reading Cadogan Estates Limited v McMahon: HL 26 Oct 2000
LANDLORD AND TENANT – part 2 of the Landlord and Tenant Act 1987 – appointment of managers – extension of interim management orders – dispensing with preliminary notices Citations: [2012] UKUT 157 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: scu.462560
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AG – LDC – 2013 – 0113 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.623376
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623385
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623375
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623381
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622969
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622959
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622913
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – OOAW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622902
(West Africa) Care must be taken in respect of the notion that merely standing by and waiting to see the outcome of a case in which the non-party has an interest, without more, involves an abuse of process. The parties now disputed title to land, but it was complained that the title had been determined … Continue reading Nana Ofori Atta (II) v Nana Abu Bonsra (II): PC 1958
The tenant of a mine was liable to pay the landlord’s costs of the grant of the lease. The tenant’s liability was based on custom, which required the tenant to pay the costs of drawing, settling and completing the lease. The tenant asked for an assessment of the bill of costs. The bill included a … Continue reading In re Gray: 1901
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim. Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate which applied at different times following the damage. He could do so, because of the … Continue reading Adcock v Co-Operative Insurance Society Ltd: CA 26 Apr 2000
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
The court was asked whether the fact that the tenants under a fourteen year lease had entered into occupation of the premises one day after the term began meant that they had thereby failed to occupy for ‘the whole of the fourteen years,’ in which event, of course, they were entitled only to the basic … Continue reading Department of the Environment v Royal Insurance PLC: ChD 1986
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
The Defendant owned the freehold. He transferred the property to a S Ltd of which he had control, and which executed a deed declaring that it was held in trust for the defendant. On learning this the majority tenants formed the claimant company to seek to purchase the freehold. S Ltd transferred the property to … Continue reading Artist Court Collective Ltd v Khan: ChD 7 Oct 2016
UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – address for service of claim notice – whether address notified to RTM company – whether superseded by address on subsequent service charge demands given to company members – consequence of failure to serve claim notice at correct address – section 111(4), Commonhold and Leasehold Reform Act … Continue reading Gateway Property Holdings Ltd v Ross Wharf RTM Company Ltd: UTLC 29 Feb 2016
