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Footwear Corporation Ltd v Amplight Properties Ltd: ChD 1 Apr 1998

The plaintiff was tenant of premises under a lease granted by the defendant’s predecessor in title. He vacated the premises in July 1996, and on 17 November 1997 wrote asking the defendant for a licence to sublet them to a pet shop business. The plaintiff enclosed the proposed subtenant’s accounts with the application. On 20 … Continue reading Footwear Corporation Ltd v Amplight Properties Ltd: ChD 1 Apr 1998

Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 1999

Shopmoor’s predecessors demised premises for 150 years at a yearly rent of andpound;100 on payment of a premium. A covenant provided that the tenant was not to assign or sublet without the landlord’s consent, not to be unreasonably withheld or delayed. In April 1996 Norwich Union contracted to sale of the lease, conditional on a … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 1999

Church Commissioners for England v Meya: CA 21 Jun 2006

The commissioners let a flat to the tenant on an assured shorthold tenancy for a year less one day with the rent payable quarterly. The tenancy continued as a statutory periodic tenancy. The court was asked whether the statutory tenancy was an annual or quarterly tenancy. The landlord had given three months’ notice. The tenant … Continue reading Church Commissioners for England v Meya: CA 21 Jun 2006

Laine v Cadwallader: CA 26 May 2000

The landlord granted an assured shorthold tenancy for six months fixed at andpound;390 ‘per calendar month payable every two months in advance’. Clause 5 allowed the tenant to terminate the agreement with ‘at least one month’s written notice’. The tenant left, putting the keys through the landlord’s letterbox. The landlord claimed the arrears of rent, … Continue reading Laine v Cadwallader: CA 26 May 2000

Taylor v OCS Group Ltd: CA 31 May 2006

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

Notting Hill Housing Trust v Roomus: CA 29 Mar 2006

The landlord had served a notice to quit on his tenant. The notice specified that possession would be required ‘at the end of your period of your tenancy’ It was objected that the notice was ineffective. Held: The notice must be interpreted to refer to the time immediately after the tenancy came to an end, … Continue reading Notting Hill Housing Trust v Roomus: CA 29 Mar 2006

Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005

Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

The parties to the action had given cross undertakings to support the grant of an interim injunction. A third party subsequently applied to be joined, and now sought to take advantage of the cross undertakings to claim the losses incurred through the giving of the ‘wrongful undertakings’ Held: The joined party, who had not itself … Continue reading Smithkline Beecham Plc Glaxosmithkline UK Ltd and Another v Apotex Europe Ltd and others (No 2): CA 23 May 2006

Desnousse v London Borough of Newham and others: CA 17 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

Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

The applicant challenged the exercise of a power of sale under a mortgage, saying that the mortgagee’s purposes included purposes not those under the mortgage. The parties had been involved in an attempted development of a penthouse. Held: The power was validly exercised. Provided the recovery of the sums for which the security was given … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 30 Jan 2006

NCR Ltd v Riverland Portfolio No.1 Ltd: ChD 16 Jul 2004

The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting. Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and the proposed sub-tenant. The tenant would remain liable for rent and repairs as before. The … Continue reading NCR Ltd v Riverland Portfolio No.1 Ltd: ChD 16 Jul 2004

Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

Overcom Properties v Stockleigh Hall Residents Management Ltd: ChD 1988

The lease granted the defendants rights of access over the grounds and forecourts of a block of flats, but reserving to the lessor the right to develop ‘notwithstanding that the access of light or air or any other easement appertaining to the flat may be obstructed or interfered with’. Held: Vinelott J said: ‘Looking at … Continue reading Overcom Properties v Stockleigh Hall Residents Management Ltd: ChD 1988

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

Barrow and Amey v Kazim and Others: CA 31 Oct 2018

The court was asked: ‘whether a notice that the respondents, who own the relevant premises, served on the appellants, who are assured shorthold tenants, satisfied the requirements of section 21(1)(b) of the 1988 Act. The respondents maintain that it did. The appellants dispute that on the basis that the respondents were not at the date … Continue reading Barrow and Amey v Kazim and Others: CA 31 Oct 2018

Taylor v Rive Droite Music Ltd: ChD 6 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

Basingstoke and Deane Borough Council v Host Group Limited: CA 1988

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

Arundel Corporation (an Overseas Company) v Mohammed Ramzan Khokher: CA 9 Apr 2003

In the course of an application under the Landlord and Tenant Act, the landlord sought to adduce on appeal evidence that the tenant and his solicitors had sought to deceive the court. Held: The application should not be heard in private since the balance was in favour of public justice. The evidence was sufficiently credible, … Continue reading Arundel Corporation (an Overseas Company) v Mohammed Ramzan Khokher: CA 9 Apr 2003

Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

The court faced the question of, whether if a landlord serves a notice on an assured tenant under section 13(2) of the Act proposing an increase in rent, that will be the rent unless, before the beginning of the new period specified in the notice the tenant refers the notice to a rent assessment committee … Continue reading Regina on the Application of Lester v The London Rent Assessment Committee: CA 12 Mar 2003

Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002

Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002

Gil v Baygreen Properties Ltd: CA 5 Jul 2002

The applicant had defended an action for possession for arrears of rent, and counterclaimed for damages for failure to repair. A compromise was put to the court, and the court took that as consent and made a possession order. The tenant appealed. Held: The court had not had jurisdiction to make the possession order and … Continue reading Gil v Baygreen Properties Ltd: CA 5 Jul 2002

Regina (on the Application of Morris) v The London Rent Assessment Committee and Another: CA 7 Mar 2002

Mummery LJ said: ‘In my judgment, the principal submissions are based on a misreading of the statutory provisions. There is nothing in the provisions establishing or supporting a statutory principle of ‘once an assured tenancy, always an assured tenancy’. The provisions of Schedule 10 relied upon do not set a ceiling of andpound;25,000 on the … Continue reading Regina (on the Application of Morris) v The London Rent Assessment Committee and Another: CA 7 Mar 2002

Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors. Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the notice was likely to serve the purpose, and it could be valid. There was not a two stage test of … Continue reading Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001

Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001

The claimants were underlessees of an office building. The offices had enjoyed a right of light for over a hundred years, and the freehold had acquired an easement of light by lost modern grant. The roadway having been closed, the defendant head landlords intended to build in a way which would interfere with the right. … Continue reading Paragon Finance plc v City of London Real Property Co Ltd: ChD 16 Jul 2001

West Bromwich Building Society v Wilkinson: HL 30 Jun 2005

The Society had taken possession of a property in 1989. It located the defendants many years later and sought payment of the excess after deduction of the proceeds of sale, and for interest. The borrowers claimed the debt was expired by limitation under s20. The Society said that the debt was a judgment debt which … Continue reading West Bromwich Building Society v Wilkinson: HL 30 Jun 2005

Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999

City Council of Bristol v Lovell: HL 26 Feb 1998

A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998

Elitestone Ltd v Morris and Another: HL 1 May 1997

The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997

Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

The claimant tenant sought damages from the landlord and neighbour and fellow tenant for nuisance caused by the neighbour’s aberrant behaviour.Sir Christopher Staughton said: ‘there is a strong trend in the cases in favour of the landlord who is not an occupier.’ Judges: Lord Justice Peter Gibson, Sir Christopher Staughton Citations: [2000] EWCA Civ 357, … Continue reading Mowan v London Borough of Wandsworth and Another: CA 21 Dec 2000

North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

The respondent appealed against an order for possession made on the grounds that he had been convicted of breach of an order under the 1997 Act in harassing his daughter who lived nearby the premises. The tenant argued that the agreement had incorporated a version of the Housing Act before its amendment to allow possession … Continue reading North British Housing Association Ltd v Sheridan: CA 29 Jul 1999

Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018

LANDLORD AND TENANT – rent determination – assured periodic tenancy – valuation – assessment of comparables – determination of rent under section 14 Housing Act 1988 – appeal allowed in part Citations: [2018] UKUT 282 (LC) Links: Bailii Statutes: Housing Act 1988 14 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: … Continue reading Chehab v Cadogan Estates Ltd: UTLC 12 Sep 2018

Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990

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

Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise: HL 15 Dec 1998

Trustees who managed a group of apartments argued that they did not themselves provide staff services to the tenants, but rather arranged for the staff to provide services to them. Held: The contract providing cleaning and other services, by a maintenance fund for a block of flats, was a VATable supply by the Trustees who … Continue reading Nell Gwynn House Maintenance Fund v Commissioners of Customs and Excise: HL 15 Dec 1998

Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008

LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss 18 and 19 – Housing Act 1988 ss 13 and 14 – Assured non-shorthold periodic tenancy -whether the landlord’s ability (subject to any reference to a Rent Assessment Committee) to serve a yearly notice of increase of rent (which included … Continue reading Chand v Calmore Area Housing Association Ltd: LT 25 Jul 2008

Westminster City Council v Clarke: HL 29 Apr 1992

An occupant of a hostel for homeless and vulnerable single men had only a licence to occupy the room, and was not a tenant. There was a resident warden and a team of support workers. The intention was that residents should use the hostel as a temporary base as part of their rehabilitation. Held: An … Continue reading Westminster City Council v Clarke: HL 29 Apr 1992

Regina (Lester) v London Rent Assessment Committee: QBD 7 Nov 2002

The tenant sought to request the Committee to fix his rent. He sent the application, but it was not received before it came into effect. He appealed a rejection of his claim as out of time. Held: The regulation required the rent to be referred to the committee before the new rent came into effect. … Continue reading Regina (Lester) v London Rent Assessment Committee: QBD 7 Nov 2002

Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

The defendant resisted accelerated possession proceedings brought for rent arrears under his assured shorthold tenancy, by a private housing association who was a successor to a public authority. Held: Once the human rights issue was raised, the judge had an obligation to deal with it. He did not have an obligation to examine housing policy … Continue reading Poplar Housing and Regeneration Community Association Ltd v Donoghue: CA 27 Apr 2001

Chelsea Yacht and Boat Club Ltd v Pope: CA 6 Apr 2000

The tenant sought to assert that he occupied a houseboat, the Dinty Moore, under a tenancy of a dwellinghouse under the 1988 Act. The claimant appealed a decision that it was. Held: A house-boat, even though used as a dwelling, did not have the character of a house sufficiently to allow an assured tenancy of … Continue reading Chelsea Yacht and Boat Club Ltd v Pope: CA 6 Apr 2000

Capital and City Holdings Ltd v Dean Warburg Ltd: CA 1988

There was no right of reimbursement under the 1870 Act of rent paid in advance even where the reddendum also included the words ‘proportionately for any part of a year’. Citations: (1988) 58 P and CR 346, [1989] 1 EGLR 90 Statutes: Apportionment Act 1870 Jurisdiction: England and Wales Cited by: Cited – Marks and … Continue reading Capital and City Holdings Ltd v Dean Warburg Ltd: CA 1988

Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

The tenant appealed against a refusal of what he said was his right to buy the flat he occupied. The Housing Association respondent and arbitrator had said that the tenancy had been assured, not secure and that therefore no right to buy had existed. After the grant of the tenancy, the Association had changed in … Continue reading Ali Bhai and Another v Black Roof Community Housing Association Ltd: CA 2 Nov 2000

Allied Dunbar Assurance Plc v Homebase Ltd: ChD 26 Apr 2001

The defendant took a lease of substantial property, subject to a covenant not to sublet without the landlord’s consent, such consent not to be withheld unreasonably, and which covenant was made subject to additional conditions. The defendants ceased to operate and sought to sublet. They eventually found a possible sub-tenant, and sought the landlord’s licence. … Continue reading Allied Dunbar Assurance Plc v Homebase Ltd: ChD 26 Apr 2001

Ashworth Frazer Limited v Gloucester City Council: HL 8 Nov 2001

A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might not comply with the terms of the lease, and that the building obligation operated as a use … Continue reading Ashworth Frazer Limited v Gloucester City Council: HL 8 Nov 2001

Cheryl Investments v Saldanha: CA 1978

Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978

Minister of Agriculture and Fisheries v Matthews: 1950

Under the Act, it would be ultra vires the Crown’s powers to grant a tenancy of property it had requisitioned. Citations: [1950] 1 KB 148 Statutes: Emergency Powers (Defence) Act 1939 Jurisdiction: England and Wales Cited by: Cited – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999 The claimant sought to oblige the respondent … Continue reading Minister of Agriculture and Fisheries v Matthews: 1950

Barnes v City of London Real Property Co Ltd: 1918

The landlord defendants had let various sets of rooms imposing on the tenants an obligation to pay a stated additional rent specifically for the cleaning of rooms by a house-keeper to be provided for the purpose. The agreements placed no express obligation on the landlords to provide for the cleaning of the rooms. Held: The … Continue reading Barnes v City of London Real Property Co Ltd: 1918

Uratemp Ventures Ltd v Collins, Same v Carell: CA 10 Dec 1999

The presence of cooking facilities is an essential element in deciding whether premises could constitute a dwelling. Accordingly, a room in a hotel without such facilities could not be subject to an assured tenancy. A room with cooking facilities and access to a bathroom could be a dwelling, but the sharing of cooking facilities denied … Continue reading Uratemp Ventures Ltd v Collins, Same v Carell: CA 10 Dec 1999

Tadema Holdings Ltd v Ferguson: CA 25 Nov 1999

A notice to increase rent could properly be served on a tenant even though he lacked mental capacity. Service of a notice must retain its natural meaning. A notice could properly be given where the landlord was named, and his address given ‘c/o the agent’ provided that address gave sufficient opportunity to contact the landlord. … Continue reading Tadema Holdings Ltd v Ferguson: CA 25 Nov 1999

Shepping and another v Osada: CA 23 Mar 2000

The time limit on the recovery of possession of property subject to a tenancy to within one year of the landlord becoming aware of the death of the tenant required proceedings to have been issued within the year. The service of the notice requiring possession did not satisfy the requirement which was strictly for proceedings. … Continue reading Shepping and another v Osada: CA 23 Mar 2000

Director of Public Prosecutions v Jones and Lloyd: HL 4 Mar 1999

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

Nutt and Another v Read and Another: CA 3 Nov 1999

The parties had contracted for the letting of land and transfer as in personam of a chalet erected upon it. The parties having completed the deals could not then agree what was to have been paid. Held: The first agreement was void for common mistake and that the second should be set aside or rescinded … Continue reading Nutt and Another v Read and Another: CA 3 Nov 1999

Adcock v Co-Operative Insurance Society Ltd: CA 26 Apr 2000

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

North Devon Homes Housing Association v Brazier: QBD 2003

The tenant was guilty of nuisance, but her misbehaviour was attributable to her psychotic state – her ‘disability’ within the 1995 Act. Held: Though a very pertinent factor to be taken into account may be a housing authority’s obligations to other tenants on a housing estate and the interests of those other tenants, though the … Continue reading North Devon Homes Housing Association v Brazier: QBD 2003

Houlder Brothers and Co Ltd v Gibbs: CA 1925

The landlord owned two adjoining commercial properties. The tenant of one proposed to assign the lease to the tenant of the adjoining property. The landlord refused consent on the ground that if the assignment went ahead, it was likely that the assignee would terminate its tenancy of the adjoining property, which the landlord would have … Continue reading Houlder Brothers and Co Ltd v Gibbs: CA 1925

Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947

East Coast Amusement v British Transport Board; Re “Wonderland” Cleethorps: HL 1965

Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it is to be resolved in favour of … Continue reading East Coast Amusement v British Transport Board; Re “Wonderland” Cleethorps: HL 1965

Regina v London Borough Croydon ex parte Toff: 1988

The tenant having left the property, the landlord relet them. Held: The act of the landlord meant it would be inequitable to hold the lease to continue. Citations: [1988] 20 HLR 576 Jurisdiction: England and Wales Cited by: Cited – Zionmor v Mayor and Burgesses of London Borough of Islington CA 10-Oct-1997 The council appealed … Continue reading Regina v London Borough Croydon ex parte Toff: 1988

Pfeiffer GmbH v Arbuthnot Factors Limited: 1988

Section 136 by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment . Citations: [1988] 1WLR 150 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Edlington Properties Limited v J H Fenner and … Continue reading Pfeiffer GmbH v Arbuthnot Factors Limited: 1988

Lewisham Borough Council v Roberts: CA 1949

The council sought to exercise its powers under the Act to take possession of part of the defendant’s property. Held: Denning LJ said: ‘It is necessary to consider the nature of the power to requisition land. It is only a power to take possession of land. It is not a power to acquire any estate … Continue reading Lewisham Borough Council v Roberts: CA 1949

Udall v Capri Lighting Ltd (in liquidation): CA 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

Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004

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

Webb and Barrett v London Borough of Barnet: CA 1988

The authority resisted an application by the tenant to buy the property let as a council dwelling saying that the tenant was using it for mixed residential and business purposes. The tenant said that the business use had finished, and that the tenancy had become secure. Held: The court noted the change in definitions of … Continue reading Webb and Barrett v London Borough of Barnet: CA 1988

Equity and Law Life Assurance Society plc v Bodfield Ltd: CA 1987

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

Parkins v City of Westminster: CA 20 Nov 1997

The council granted what it called a licence to the applicant. He was one of their employee teachers, and they wanted to supply accomodation. They appealed refusal of possession on the basis that he had become a secure tenant under the Act. It had been intended that the accomodation should be shared. Held: It was … Continue reading Parkins v City of Westminster: CA 20 Nov 1997

Mundy v Hook: CA 18 Jul 1997

The court was asked whether an agreement was an assured shorthold tenancy agreement with the 1988 Act. The agreement incorrectly stated a date which would have terminated the secure tenancy after five not six months. There was also disagreement about whether a garage was included in the let. The landlord having died, his personal representative … Continue reading Mundy v Hook: CA 18 Jul 1997

International Drilling Fluids v Louisville Investments (Uxbridge) Ltd: CA 20 Nov 1985

Consent to Assignment Unreasonably Withheld The landlord had refused a proposed assignment of office premises from a tenant who had occupied the premises as its permanent offices, to a tenant who proposed to use the premises as serviced offices – that is, for short-term rent to others. The lease provided that the only permitted use … Continue reading International Drilling Fluids v Louisville Investments (Uxbridge) Ltd: CA 20 Nov 1985

Quick v Taff Ely Borough Council: CA 1986

Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to keep in repair the structure and exterior of the dwelling-house. Section 32(3) … Continue reading Quick v Taff Ely Borough Council: CA 1986