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
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 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
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
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
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
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
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 court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of … Continue reading Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997
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
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
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
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 – appointment of manager – lessees with incorporeal rights over land outside the curtilage of the building – held power to include such land in management order – Landlord and Tenant Act 1987 section 24(1). Citations: [2006] EWLands LRX – 145 – 2005 Links: Bailii Statutes: Landlord and Tenant Act 1987 … Continue reading Cawsand Ford Management Co Ltd v Stafford and others: LT 7 Nov 2006
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
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
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 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 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 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
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
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
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
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
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
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
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
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining propery that they would act in accordance with the retriction, but no re-assurance was given. Held: … Continue reading Oceanic Village Ltd v United Attractions Ltd, Shirayama: ChD 9 Dec 1999
The transfer of a freehold to an associated company was not a ‘relevant disposal’ for the purposes of the Act. Citations: Times 10-Mar-1997, Gazette 03-Apr-1997 Statutes: Landlord and Tenant Act 1987 Part I Jurisdiction: England and Wales Landlord and Tenant Updated: 05 June 2022; Ref: scu.83687
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
The tenant’s covenants included an obligation ‘to keep in good and substantial repair . . the demised premises and every part thereof.’ Held: A repairing covenant does not require a defect in design to be made good. One cannot have an existing obligation to repair unless and until there is a disrepair.Slade LJ said: ‘In … Continue reading Post Office v Aquarius: CA 2 Jan 1985
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
Citations: [2018] UKFTT RP – CAM – 38UE – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.623502
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
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the tenants vacated the property on or immediately before 25 … Continue reading Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990
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
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
The wife was the secure tenant of the premises, against whom the local authority landlord obtained a possession order on grounds of arrears of rent, not to be enforced on payment of a weekly sum off the arrears in addition to what the order described as ‘the current rent’. The wife defaulted on the terms … Continue reading Thompson v Elmbridge Borough Council: CA 1987
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
Premises known as the Red Lion Inn, Grasmere and certain outbuildings were let. In February 1852, Walker allowed one Usher, who owned the Red Lion Inn, to build a shed on his (Walker’s) adjoining land in return for a rent of 1s. a year. In November 1852, Usher demised the Red Lion Inn to Hodson … Continue reading Hodson v Walker: CEC 1872
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
(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
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 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
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
Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, … Continue reading Jones v Waveney District Council: CA 17 Dec 1999
Tenants getting together to buy their landlords’ interest must provide a notice which was correct and accurate. Gross mistakes listing dead and departed tenants invalidated the notice. Citations: Times 27-May-1998 Statutes: Landlord and Tenant Act 1987 12 Jurisdiction: England and Wales Landlord and Tenant Updated: 10 May 2022; Ref: scu.80282
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 land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988
The court made reference to the ‘torrential style of drafting which has been traditional for many years’ among draftsmen of covenants in leases. ‘The use of ordinary language to convey meaning often involves subtle discriminations which for most people are intuitive rather than capable of lucid explanation. An explanation of why ordinary English words in … Continue reading Norwich Union Life Insurance v British Railways Board: 1987
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
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987
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
Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, the local authority could properly covenant not to erect … Continue reading Blake v Hendon Corporation: CA 1962
Tenants set out to purchase the freehold under the Act. The landlord had later granted a lease of the roof-space and of a car park. The tenant under that new lease did not come within section 4(2). Held: The tenants acquired the freehold free of the lease. Judges: Lady Fox Citations: [1992] 2 EGLR 223 … Continue reading Nolan v Eagle Wharf Developments Ltd: LVT 1992
Buildings were let for a term of 17 years. The tenant had the right to terminate the lease after the first five or ten years of the term if it gave notice to that effect and if it ‘shall up to the time of determination . . perform and observe the covenants . . but … Continue reading Simons v Associated Furnishers Ltd: 1931
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
Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation. Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so called’ is one of law. The House made two particular points of general application on the … Continue reading Tandon v Trustees of Spurgeons Homes: HL 1982
Tenants sought to exercise their rights to purchase the freehold under the 1987 Act. The landlord had granted a reversionary lease of part to her husband. Held: The tenants took the freehold subject to the lease. Judges: Lady Fox Citations: [1990] 2 EGLR 230 Statutes: Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales … Continue reading Englefield Court Tenants v Skeels: LVT 1990
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