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
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
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
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 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 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
Citations: [2018] UKFTT RP – CAM – 00KF – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 07 June 2022; Ref: scu.623580
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
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
Citations: [2018] UKFTT RP – CAM – 38UE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623502
UTLC LANDLORD AND TENANT – service charges – whether landlord’s costs of leaseholders’ unsuccessful application to appoint manager recoverable as service charge – section 24, Landlord and Tenant Act 1987 – whether costs of leaseholders’ application to determine service charges recoverable as service charge – section 20C, Landlord and Tenant Act 1985 – whether LVT … Continue reading Conway and Others v Jam Factory Freehold Ltd: UTLC 10 Dec 2013
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell. Held: The 1987 Act did not confer a right to pre-emption as such. Having gone … Continue reading Michaels and Michaels v Taylor Woodrow Developments Ltd, etc: ChD 19 Apr 2000
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
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 12UD – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622958
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
(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
Section 35 and Section 20C – 1985/1987 Act Decisions [2016] UKFTT RP – CAM – 00MG – Bailii England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.624680
UTLC LANDLORD AND TENANT – appointment of manager – Landlord and Tenant Act 1987 s.24 as amended – landlord accepting that FTTTx entitled to conclude that a manager should be appointed – landlord objecting to the terms of the management order – whether such terms impermissibly wide and disproportionate [2015] UKUT 635 (LC) Bailii Landlord … Continue reading Queensbridge Investments Limited v Lodge and Others: UTLC 19 Nov 2015
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
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 House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
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
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 . .
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
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
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
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
UTLC LANDLORD AND TENANT – service charges — drafting error in lease apparently entitling landlord to recover about 3000% of relevant expenses — no application yet made for variation under Landlord and Tenant Act 1987 section 35 and following — amount recoverable by way of on account payments in respect of service charge — Landlord … Continue reading Thomas Homes Ltd v MacGregor: UTLC 14 Nov 2016
UTLC LANDLORD AND TENANT – Service charges – amendment of leases under S.35 Landlord and Tenant Act 1987 in order to make satisfactory provision with respect to the computation of service charge – lessee purchasing lease of flat in knowledge of the ongoing application to a leasehold valuation tribunal to amend the leases in this … Continue reading Parkinson v Keeney Construction Limited: UTLC 16 Nov 2015
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
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
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
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
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 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 – 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 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
A notice of appeal was given against an enforcement notice, under the Act which required that an appeal should be made by notice in writing to the minister, ‘which shall indicate the grounds of the appeal and state the facts on which it is based’. Failure to submit a valid notice of appeal within the … Continue reading Howard v Secretary of State: CA 1975
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
Citations: [2003] 2 EGLR 28 Statutes: Lands Tribunal Act 1949 3(4), Landlord and Tenant Act 1987 Jurisdiction: England and Wales Cited by: Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005 The claimant appealed against a refusal of judicial review of a decision of the Lands … Continue reading Orchard Court Residents’ Association v St Anthony’s Homes Ltd: CA 2003
The word ‘premises’ in s 46(1) of the Landlord and Tenant Act 1987 means the subject matter of the letting and the section applied to an agricultural holding which included a dwelling house. S 48 of the Act was governed by s 46(1) which applied it ‘to premises which consist of or include a dwelling’. … Continue reading Dellhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc: 1994
The claimant sought judicial review of the redetermination of housing benefits payable in respect of two flats rented out by him. The rent office said that the regulations were merely intended to put in statute form the previous practice used when identifying the ‘locality’ fro comparable lettings. Judges: Gilbart QC J Citations: [2006] EWHC 2478 … Continue reading Heffernan, Regina (on the Application of) v the Rent Service: Admn 10 Oct 2006
UTLC LANDLORD AND TENANT – Variation of Lease -whether appropriate consents are required before an application to vary a lease is made under section 35(1) of the Landlord and Tenant Act 1987 (as amended) pursuant to section 37(5)(b) of that Act [2015] UKUT 508 (LC) Bailii England and Wales Land Updated: 05 January 2022; Ref: … Continue reading Simon v St Mildreds Court Residents Association Ltd: UTLC 16 Sep 2015
Tenants asserted a right of first refusal under the 1987 Act on a proposed disposal of the freehold. Mr Justice Warren [2008] EWHC 350 (Ch), [2008] 2 EGLR 141, [2008] 1 P and CR DG23, [2008] L and TR 12, [2008] NPC 25, [2008] 2 P and CR 3, [2008] 9 EG 200 (CS) Bailii … Continue reading Dartmouth Court Blackheath Ltd v Berisworth Ltd: ChD 27 Feb 2008
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The court considered the right to succeed to a secure tenancy which has terminated during the lifetime of the tenant as a result of a possession order, but with the former tenant remaining in possession as ‘a tolerated trespasser’, and having a right to apply for the revival of his tenancy under s 85 of … Continue reading Austin v London Borough of Southwark: CA 16 Feb 2009
The reality of the agency of a receiver is reflected in the continuity, after the appointment of receivers, of the rateable occupation of the mortgagor through the agency of the receivers. The possession of an agent is to be attributed to that of . .
The landlords’ managing agents learned that the tenant had been convicted of keeping a brothel at the premises and served a section 146 notice intending to forfeit the tenancy. He told his staff and instructed them not to demand or accept rent. But . .
