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
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
A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was distinguished because on the basis that the common law damages were awarded here not for the loss of … Continue reading Kaur v Gill: CA 15 Jun 1995
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
The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The decision was upheld. A fair … Continue reading Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995
The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006
The test for whether there had been a derogation from a grant was whether there had been a substantial deprivation of benefit, rather than a total deprivation. The principle of non-derogation from grant is ‘not based on some ancient technicality of real property. As Younger LJ observed in Harmer v Jumbil (Nigeria) Tin Areas Ltd … Continue reading Johnston and Sons Ltd v Holland: CA 1988
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some … Continue reading Drew-Morgan v Hamid-Zadeh: CA 13 May 1999
The tenants of a building of which the defendants were landlords sought damages after a rainwater gutter became stopped up and the defendants failed to clear it out for a few days after receiving notice of the stoppage. Held: The landlords were in breach of a duty of care to the plaintiffs and were liable … Continue reading Hargroves, Aronson and Co v Hartopp: CA 1905
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008
A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of … Continue reading Commercial Union Life Assurance Co Ltd v Moustafa: 1999
The tenant sought relief from forfeiture under section 138 against a landlord seeking possession of his assured tenancy. There were arrears of rent which he believed he could pay. Held: The grounds for possession were statutory, and had been demonstrated. The action was not an action for forfeiture. ‘section 5(1) makes it abundantly clear that … Continue reading Artesian Residential Investments Limited v Beck: CA 19 Mar 1999
In a claim for possession of residential premises, the defendant who was the gay partner of the deceased tenant, to have succeeded to his partner’s tenancy as a member of his family. Held: A court may adjourn a case pending the outcome of an appeal to the House of Lords in an appropriate case even … Continue reading Kingcastle Limited v Owen-Owen: CA 19 Feb 1999
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was … Continue reading Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988
The defendant travellers occupied land belonging to the claimants. A possession order had been obtained, and the defendants now sought a reasonable time to be allowed to leave. Held: The law had not changed, and section 89 could not be used to argue for a suspension of the order for possession. Citations: [2006] EWCA Civ … Continue reading Boyland and Son Ltd v Rand: CA 20 Dec 2006
Appeal against award of damages for breach by landlord of covenant for quiet enjoyment and under the 1988 Act. Held: The landlord’s appeal failed. ‘There is no fixed point at which it can be said that breaches of the covenant of quiet enjoyment become so serious as to constitute qualifying conduct for the purposes of … Continue reading Abbott v Bayley: CA 20 Jan 1999
The court was asked as to the nature and effect of tenancies for life granted by fully mutual housing co-operatives and in particular how they can lawfully be brought to an end and a possession order obtained. The tenants sought a declaration of incompatibility in respect of section 80. The Co-operative was fully mutual and … Continue reading Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015
The plaintiff sought leave to appeal against the level of damages awarded to her in her claim for wrongful eviction, and against the costs award made after the award had failed to meet the amount paid into court. She said that by omitting a painting from the damages, the amount payable was reduced below the … Continue reading Hougie v Kranat: CA 26 Nov 1998
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
The tenant had a partner whom she could not control, and who had terrorised her to the nuisance also of her neighbours. The landlord sought possession, and until that was granted an anti-social behaviour order (ASBO) against the partner. Before the hearing an interim ASBO had been granted which effectively excluded the partner from the … Continue reading London and Quadrant Housing Trust v Root: CA 12 Jan 2005
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
Where one joint tenant had given notice and the landlord mistakenly excluded the other tenant, the husband, from possession, the landlord could not rely on the defence of ‘reasonable cause’. The tenant has the choice of possession or statutory damages. Statutory damages had been agreed between the parties’ representatives at 30,000 pounds. The Council now … Continue reading Wandsworth London Borough Council v Osei-Bonsu: CA 22 Oct 1998
Vinelott J said: ‘decisions on the Act of 1883 and on the Act of 1914 are . . of direct authority on the construction’ of the equivalent provisions for disclaimer by the liquidators of companies. Judges: Vinelott J Citations: [1988] 1 WLR 200 Statutes: Bankruptcy Act 1883 Jurisdiction: England and Wales Cited by: Cited – … Continue reading Re A E Realisations Ltd: 1988
The plaintiff had offered to work mines under the defendant’s land, paying a fixed rent with a royalty. No formal agreement was concluded, but the plaintiff sought specific agreement. Held: There was no sufficient agreement and the claim for specific performance was dismissed , but in the light of the defendant’s behaviour, no costs were … Continue reading Lancaster v de Trafford: 1862
The landlords had received a request for a consent to a proposed assignment of the lease. They did not, in terms, refused consent, but had not given it notwithstanding a considerable passage of time and lengthy correspondence. The court was asked whether it had been unreasonably withheld. Held: The landlords were unreasonably withholding their consent, … Continue reading City Hotels Group Ltd v Total Property Investments Ltd: 6 Jul 1984
(Romford County Court) ‘A judge who adjourns the hearing of a ground 8 possession claim solely in order to allow a defendant an opportunity to defeat that claim, whether by extracting payment from the housing benefit authority or from any other source, is choosing not to apply the law in force at the date of … Continue reading London and Quadrant Housing Trust v Sandra Ison: 8 Sep 2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings. Held: The transfer moved tenants from the secure tenancy regime to the assured tenancy regime, with different notices and procedures. The notices were not significantly … Continue reading Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis: CA 9 Apr 2003
The tenant appealed an order for possession. He had been convicted of making indecent images of children. The defendant had moved his tenancy from the property in which the offences had been convicted to a neighbouring property. The landlord said that offence had still been committed in the locality of the house. Held: The tenant’s … Continue reading Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007
A tenancy of a flat was granted to Miss Vyas. She occupied it with Mr Sharma. They later married. She moved out and was given the tenancy of a council house elsewhere. She then wrote to Brent, the landlords, to say she was no longer sharing with Mr Sharma, that she had moved out and … Continue reading London Borough of Brent v Sharma and Vyas: CA 1992
A right of occupation given by an almshouse under a charitable trust was an occupation under a licence without right of possession, not an assured tenancy. The plaintiff’s conditions of occupancy stated: ‘Residents are licensees and pay a contribution towards the cost of providing accommodation at the Court: residents are not tenants and do not … Continue reading Gray and others v Taylor: CA 2 Apr 1998
The landlord appealed a finding that in raising the rent of the tenant’s property, he should have followed the section 13 procedure. He said that the agreement contained its own provisions agreed with the tenant. Held: The appeal succeeded. The section excludes a tenancy where provision is made for an increase in rent, and this … Continue reading Contour Homes Ltd v Rowen: CA 26 Jun 2007
If ‘suitable alternative accommodation’ was offered in exchange for a protected tenancy, the court need look only for some security for the tenant, not that he should receive equal protection. Where the landlord persuades the Rent Act protected tenants to surrender their old tenancy before taking a new tenancy, the lessees would not have been … Continue reading Laimond Properties Limited v Al-Shakarchi: CA 10 Feb 1998
The plaintiffs let property to the respondents. The notice of shorthold tenancy issued prior to the tenancy commencing had obvious errors in the dates. The issue was as to its validity. Held: The error was evident, the termination date preceded the commencement date and was plainly a repetition of the date of the notice. But … Continue reading York and Another v Casey and Another: CA 16 Feb 1998
The tenant had created a sub tenancy, the result of which was that he no longer had any right to enter upon the property unless the sub-tenant surrendered his lease. Held: The tenant could not be said properly to be in occupation of the tenanted property. When a tenant has sublet, the question of whether … Continue reading Ujima Housing Association v Ansah and Another: CA 17 Oct 1997
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived … Continue reading Zionmor v Mayor and Burgesses of London Borough of Islington: CA 10 Oct 1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. Citations: Times 14-Aug-1997, [1997] EWCA Civ 2255 Jurisdiction: England and Wales Citing: See Also – Bruton v London and Quadrant Housing Trust … Continue reading Bruton v London and Quadrant Housing Trust: CA 31 Jul 1997
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997
When considering whether to consent to an assignment of a lease, a landlord need consider only his own interests. Judges: Roskill, Lawton, Megaw LJ Citations: [1979] EWCA Civ 1, [1979] 3 WLR 14, [1979] QB 593, 250 EG 345, [1979] 2 All ER 657 Links: Bailii Jurisdiction: England and Wales Citing: Approved – Bickel v … Continue reading West Layton Ltd v Ford; West Layton Ltd v Joseph and Another: CA 12 Feb 1979
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord … Continue reading Crosspite Ltd v Sachdev and Others: UTLC 25 Sep 2012
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously … Continue reading Andrews and Another v Brewer and Another: CA 17 Feb 1997
Parties to litigation had made without prejudice disclosures. One party sought to give evidence contradicting the dsclosure, and the other now applied for leave to amend based upon the without prejudice statements to be admitted to demonstrate the perjury. Held: The court had to balance the competing needs of fairness and expedition. There was nothing … Continue reading Savings and Investment Bank Ltd (In Liquidation) v Fincken: CA 14 Nov 2003
The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was … Continue reading Esselte Ab and British Sugar Plc v Pearl Assurance Plc: CA 8 Nov 1996
A Local Authority found guilty of a statutory nuisance is not thereby liable for a civil damages suit. Citations: Times 26-Nov-1996, [1996] EWCA Civ 998, [1997] 1 WLR 956, (1997) 29 HLR 640, [1997] Env LR 157 Links: Bailii Statutes: Public Health Act 1936 Part II (Nuisance etc) Jurisdiction: England and Wales Citing: Cited – … Continue reading Issa (Suing By her Next Friend and Father Issa) and Issa (Suing By her Next Friend and Father Issa) v Mayor and Burgesses of London Borough of Hackney: CA 19 Nov 1996
The parties had divorced and settled financial provision, but the former wife and her children came to need a house and one of the claimant’s properties became vacant, and she was allowed to occupy it as a tenant, with the majority of the rent being paid through housing benefit. The council refused to pay housing … Continue reading Graves v Graves and others: CA 3 Jul 2007
In considering a refusal of consent to a sub-letting, two considerations in addition to those already esatblished in law applied: ‘(1) It will normally be reasonable for a landlord to refuse consent or impose a condition if this is necessary to prevent his contractual rights under the [lease] from being prejudiced by the proposed assignment … Continue reading Straudley Investments Limited v Mount Eden Land Limited: CA 7 Oct 1996
Notices were given which were incorrect. Held: The notices were upheld despite the errors. Judges: Arden LJ Simon Brown LJ Citations: [2003] EWCA Civ 281, [2003] HLR 45 Links: Bailii Statutes: Housing Act 1988 20, Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 Jurisdiction: England and Wales Citing: Cited – Mannai Investment Co Ltd v … Continue reading B Osborn and Co Ltd v Dior and others: CA 22 Jan 2003
Notice determining tenancy effectively was notice requiring possession. Citations: Times 15-Jul-1996 Statutes: Housing Act 1988 21(1)(b) Jurisdiction: England and Wales Landlord and Tenant Updated: 31 October 2022; Ref: scu.80482
B occupied a room in a hotel. He sought an injunction to prevent his eviction, arguing first that he was a tenant protected by the Housing Act 1988 and second that he was protected under the Protection from Eviction Act 1977. His application was refused. Held: His appeal was also dismissed. To claim under the … Continue reading Brillouet v Landless: CA 1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as opposed to a notional basis, otherwise that which the landlord was ordered to pay to the … Continue reading Melville v Bruton: CA 29 Mar 1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address of agent: Acting Agent RM’ with the address. This notice … Continue reading Marath and Another v MacGillivray: CA 5 Feb 1996
A shorthold tenancy notice was issued before the tenancy began, but it gave the wrong date for termination. Held: The prescribed form required the correct termination date. A notice with a wrong date is not substantially the same as one with a correct date. The tenancy was therefore not an assured shorthold tenancy, and the … Continue reading Panayi and Pyrkos v Roberts: CA 1993
A break clause was contained in an agreement not in the lease but in a side letter which made the benefit of the break clause personal to the original lessee but said nothing express as to whether the burden of the break clause passed to an assignee of the reversion. Held: The burden of a … Continue reading System Floors Ltd v Ruralpride Ltd and Another: CA 31 Oct 1994
The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. (Continue on a separate sheet if necessary).’ … Continue reading Mountain v Hastings: CA 16 Apr 1993
General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award should be set off against the statutory award for the same loss. Judges: … Continue reading Mason v Nwokorie: CA 19 Oct 1993
The Landlord and Tenant Act 1988 has not altered the fundamental law on the refusal of consent to assign a lease. Citations: Ind Summary 17-May-1993 Statutes: Landlord and Tenant Act 1988 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.77688
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007
L’s appeal after rejection of section 8 notice requiring possession, but making mistake in year required. Judges: Underhill, Floyd, Arnold LJJ Citations: [2020] EWCA Civ 175, [2020] WLR(D) 93 Links: Bailii, WLRD Statutes: Housing Act 1988 Jurisdiction: England and Wales Landlord and Tenant Updated: 19 October 2022; Ref: scu.648246
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 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
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it was worded to create a lease for life (applying the LRB case). Held: The tenant’s … Continue reading Berrisford v Mexfield Housing Co-Operative Ltd: SC 9 Nov 2011
The claimants occupied houseboats constructed from second world war landing craft supported on non-floating platforms on land let to the respondents. They held under oral tenancies which had been terminated by the respondents before possession was sought. The appellants appealed against orders finding that they were not assured tenants within the 1988 Act on the … Continue reading Mew and Another v Tristmire Ltd: CA 28 Jul 2011
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004
A youth was charged with causing grievous bodily harm. His trial was fixed for 11 October 1988. On the date of trial, the prosecution applied for an adjournment on the grounds that, if the trial proceeded immediately and the magistrates decided that the victim did not have sufficient understanding to take the oath by reason … Continue reading Regina v Walsall Justices, ex parte W (a minor): QBD 1990
In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears. Held: The past course of dealings between the parties showed that the landlord had previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by … Continue reading Andy Coltrane v Janice Day: CA 14 Mar 2003
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply. Held: The 1977 Act applied. A tenancy for mixed purposes falls under the protection of the Act of 1954, … Continue reading Pirabakaran v Patel and Another: CA 26 May 2006
This appeal concerns the question whether company law relating to execution of documents applies to certain statutory notices served by a corporate landlord upon its tenants in possession proceedings. Citations: [2020] EWHC 3538 (QB) Links: Bailii Statutes: Housing Act 1988 8, Companies Act 2006 44 Jurisdiction: England and Wales Housing, Company Updated: 09 September 2022; … Continue reading Northwood Solihull Ltd v Fearn and Others: QBD 21 Dec 2020
Citations: [2001] EWCA Civ 1125 Links: Bailii Statutes: Housing Act 1988 Jurisdiction: England and Wales Landlord and Tenant Updated: 06 September 2022; Ref: scu.218339
The landlord served a notice to terminate a shorthold tenancy saying that he required possession on a certain day. The tenancy had been a periodic tenancy, and the date was not the last day of a period of the tenancy. Held: The Act was specific. What was being served was not a notice to quit … Continue reading McDonald and Another v Fernandez and Another: CA 19 Jul 2003
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002
LT LANDLORD AND TENANT- Service Charges – Landlord and Tenant Act 1985 as amended ss18 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 Home Group Ltd v Lewis and others: LT 3 Jan 2008
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision was heard, the decision in Forcelux was available and the circuit judge held that … Continue reading London Borough of Hackney v Findlay: CA 20 Jan 2011
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002
The tenant held land under a lease restricting the terms of any underletting. It wanted to sublet part, but could find no tenant who would take the terms. It sought to let the property in a sub-lease which complied formally with the head-lease but was accompanied by a side letter giving better terms personal to … Continue reading Homebase Ltd and Another v Allied Dunbar Assurance Plc: CA 17 May 2002
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 appellant had been the landlord’s assured tenant for many years. He sometimes worked away from home, and in 2001 he was absent for six months. On his return the landlord offered an assured shorthold agreement. L now sought to issue a notice under section 21. T said that the earlier tenancy had continued, and … Continue reading Chohan v McManus: CA 24 Nov 2008
The tenant appealed against an order for possession, saying that he had an assured tenancy. Judges: Nicola Davies J Citations: [2010] EWHC 297 (QB) Links: Bailii Statutes: Housing Act 1988 45 Landlord and Tenant, Housing Updated: 15 August 2022; Ref: scu.403363
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no relation to the loss suffered by the tenant. Held: ‘I accept that the … Continue reading Tagro v Cafanec: CA 1991
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 private landlord held premises under a lease from a local authority which prohibited sub-letting and assignment. He sub-let to the plaintiff and then unlawfully evicted her. He appealed against an award to her of statutory damages, submitting that the prohibition of sub-letting and assignment in the lease meant that the market value of the … Continue reading Tagro v Cafane and Another: CA 23 Jan 1991
The Court’s discretion to grant a landlord possession is not limited to exceptional cases. Under Ground 1 in Schedule 2 Housing Act 1988 the landlord was entitled to recover possession from an assured tenant if he ‘requires the dwelling house as his…principal home’. Citations: Times 09-Aug-1996, [1997] 1 EGLR 25 Statutes: Housing Act 1988 Part … Continue reading Boyle v Verrall: CA 9 Aug 1996
The landlord had failed in his duty to repair. One tenant’s health suffered because of the damp, and they had to rent other premises. Held: The landlord has only a reasonable time to effect repairs once he has been given notice of the need for them. Damages for breach of a covenant to repair are … Continue reading Calabar Properties Ltd v Stitcher: CA 1983
The court was asked: ‘Does section 13(1)(a) of the Housing Act 1988 have the effect of enabling a landlord to seek to increase the rent payable under a statutory periodic tenancy beyond the levels contemplated in a rent review clause in the assured tenancy that preceded it, even though that clause purports to govern the … Continue reading London District Properties Management Ltd and Others v Goolamy and Another: Admn 16 Jun 2009
His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007
When considering whether to give consent to an assignment of a lease, the landlord need consider only his own interests. Slade LJ said: ‘I find it rather more surprising that, when the landlords came subsequently to question the validity of the assignment in such circumstances, they should be free to rely on reasons for their … Continue reading Bromley Park Garden Estates Ltd v Moss: CA 1982
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
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed. Held: The 1988 Act did not make clear that a tenant faced with a delay could nevertheless complete the assignment. … Continue reading Norwich Union Life Insurance Society v Shopmoor Ltd: ChD 10 Apr 1997
Judges: Hodge QC J Citations: [2008] EWHC 1582 (Ch), [2008] NPC 82, [2008] 28 EG 113 (CS) Links: Bailii Statutes: Landlord and Tenant Act 1988 1(6)(b) Jurisdiction: England and Wales Citing: Cited – Reid Minty (a firm) v Taylor CA 2002 New CPR govern Indemnity Costs awardsThe defendant had successfully defended the main claim and … Continue reading Landlord Protect Ltd v St Anselm Development Company Ltd: ChD 8 Jul 2008
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the landlord said that vacant possession of the whole was required. Held: … Continue reading JIS (1974) Ltd v MCP Investment Nominees I Ltd: CA 9 Apr 2003
The tenant applied for a licence to assign the lease under section 1. The landlord refused consent, but the parties continued to negotiate. The tenant argued that the landlord’s continuation of negotiations showed the earlier counter-notice to have been an unreasonable refusal. Held: The letter of refusal brought to an end the landlord’s response. By … Continue reading Go West Ltd v Spigarolo and Another: CA 31 Jan 2003
The court considered the relationship between the two Acts. The assured tenant had fallen into arrears, and was subject to an order for possession. He claimed that his disability required the court not to make an order for possession against her, and that arrears of payable housing benefits would clear the debt. Held: The appeal … Continue reading S v Floyd, Equality and Human Rights Commission: CA 18 Mar 2008
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. The receivers began possession proceedings, and a possession order was made and confirmed. She appealed saying … Continue reading McDonald v McDonald and Others: SC 15 Jun 2016
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied that the fault pre-dated the lease, and that the … Continue reading Jackson v J H Watson Property Investment Ltd: QBD 7 Jan 2008
The elderly appellant claimed a non-shorthold assured tenancy. He had moved in in 1999, but had been given a rent book which described the tenancy as an assured tenancy. The now deceased landlord had himself occupied another flat in the building. Held: Whilst the landlord occupied the house, the tenancy could only be a common … Continue reading Andrews and Another v Cunningham: CA 23 Jul 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured tenant of a social landlord. Held: The tenant’s appeal was … Continue reading White v Knowsley Housing Trust and Another: CA 2 May 2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement developed. The trustees said that she was not then treated as a tenant. The tenant … Continue reading Vesely v Levy and others: CA 27 Apr 2007
Appeal against decision of setting of rent by Rent Assessment Panel. Citations: [2006] EWHC 2367 (Admin) Links: Bailii Statutes: Housing Act 1988 13 Landlord and Tenant Updated: 08 July 2022; Ref: scu.246746
Citations: [2007] 1 WLR 554, [2006] EWCA Civ 1017 Links: Bailii Statutes: Courts and Legal Services Act 1990 58, Access to Justice Act 1999 27(1) Jurisdiction: England and Wales Citing: Cited – Mountain v Hastings CA 16-Apr-1993 The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord … Continue reading Garrett v Halton Borough Council: CA 18 Jul 2006
