Click the case name for better results:

Blumenthal, Re Law of Property Act 1925: LT 14 Jan 2004

LT Section 84(1) of the Law of Property Act 1925 – Jurisdiction – whether covenant negative or positive – Alterations covenant within Section Citations: [2004] EWLands LP – 34 – 2002 Links: Bailii Statutes: Law of Property Act 1925 84(1) Jurisdiction: England and Wales Land Updated: 21 August 2022; Ref: scu.225785

Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003

Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007

Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007

Martin v Lipton and Others (Restrictive Covenants – Modification): UTLC 14 Jan 2020

RESTRICTIVE COVENANTS – MODIFICATION – restriction to one dwellinghouse per plot on small estate – modification sought to permit one additional house on largest plot – whether restriction secured practical benefit of substantial value or advantage – whether modification would set a damaging precedent – whether compensation payable for short term disruption caused by building … Continue reading Martin v Lipton and Others (Restrictive Covenants – Modification): UTLC 14 Jan 2020

University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004

The parties had litigated the sale of land free of restrictive covenants. Held: The rule that a party was entilted to its costs of defending an action under the Act for the discharge of a covenant at least as far as was necessary for it to have been able to establish whether it was proper … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 14 Dec 2004

Cohen v Teseo Properties Ltd and Another: ChD 18 Jul 2014

The claimant sought a declaration that a contract for the sale of property in London to the First Defendant has terminated, leaving the Claimant free to deal with the property as he chose. Teseo counterclaimed for specific performance of the Contract and the sale of the property to itself. If it failed in its claim … Continue reading Cohen v Teseo Properties Ltd and Another: ChD 18 Jul 2014

George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011

RESTRICTIVE COVENANT – modification – open land – covenant prohibiting erection of any building – application to modify to permit construction of 17 dwellinghouses and seven garages – application refused – Law of Property Act 1925 s84(1) (aa). Citations: [2011] UKUT 91 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 13 September 2022; Ref: … Continue reading George Wimpey Bristol Ltd v Gloucestershire Housing Association Ltd: UTLC 14 Mar 2011

Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

The defendant had charged her home to the claimant and fallen into arrears. There was a sub-charge executed on the same day in favour of the Bank of Scotland (BOS) under which the claimant agreed to repay to BOS the amount it owed to them. Held: The sub-charge did not operate to transfer to BOS … Continue reading Credit and Mercantile Plc v Feliciangela Marks: CA 14 May 2004

Scala House and District Property Co Ltd v Forbes: CA 1974

A breach of the covenant either against subletting or against assignment are uniquely not a breach capable of remedy, and the lease was subject to forfeiture. Citations: [1974] QB 575 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Akici v LR Butlin Ltd CA 2-Nov-2005 The tenant appealed … Continue reading Scala House and District Property Co Ltd v Forbes: CA 1974

Aribisala v St James’ Homes (Grosvenor Dock) Ltd: ChD 14 Mar 2008

The claimant contracted to buy two apartments from the defendant. The contract purported to exclude section 49. Judges: Floyd J Citations: [2008] EWHC 456 (Ch), Times 04-Apr-2008, [2008] 12 EG 96, [2009] 1 WLR 1089, [2008] 3 All ER 762, [2008] 19 EG 206, [2008] 2 EGLR 65 Links: Bailii Statutes: Law of Property Act … Continue reading Aribisala v St James’ Homes (Grosvenor Dock) Ltd: ChD 14 Mar 2008

Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Tenants occupied land next to land which was to be developed after compulsory acquisition. The tenants and the landlords asserted a right of light over the land, and sought an injunction to prevent the development. The developer denied that any right of light had been acquired. The sky contour diagrams projected that the reductions in … Continue reading Midtown Ltd v City of London Real Property Company Ltd: ChD 20 Jan 2005

Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019

RESTRICTIVE COVENANTS – modification – covenants restricting development, use and density to three detached private dwellings – modification sought to permit 83-bed care home – application dismissed – grounds (aa) and (c), s.84(1), Law of Property Act 1925 Citations: [2019] UKUT 70 (LC) Links: Bailii Jurisdiction: England and Wales Land Updated: 14 June 2022; Ref: … Continue reading Signature of St Albans (Property) Guernsey Ltd v Wragg and Others: UTLC 4 Mar 2019

City of London Building Society v Flegg And Another: HL 14 May 1987

A couple bought a property and registered it in their own names with substantial financial assistance from the parents of one of them. The parents occupied the house with them. Without telling the parents, the owners borrowed again, executing further charges. Held: The fact of occupation did not add to the parents’ rights as equitable … Continue reading City of London Building Society v Flegg And Another: HL 14 May 1987

Halliard Property Co Ltd v Jack Segal Ltd: 1978

The court considered a proviso for re-entry that: ‘forfeiture on the bankruptcy of the lessee is considered as a case of breach of condition.’ Held: It was clearly a condition rather than a mere covenant of the original protected tenancy that the tenant should not become a bankrupt and this condition had been broken by … Continue reading Halliard Property Co Ltd v Jack Segal Ltd: 1978

Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd: 1956

The lease provided for re-entry for breach of covenant. The landlord served a notice requiring repairs and payment of compensation on both the tenant and the mortgagee. The mortgagees served a counter-notice, and the landlord proceeded against the tenant alone. The tenant argued that the counter-notice operated to trigger the requirement for proceedings to begin … Continue reading Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd: 1956

Meretz Investments Nv and Another v ACP Ltd and others: ChD 14 Nov 2007

The parties disputed the success of a sale by a mortgagee in possession of various properties. The parties disputed the apportionment of costs. Held: The appeal failed. Where there is no express agreement concerning the division of costs, a general rule of thumb is to divide them equally between the relevant parties. But that is … Continue reading Meretz Investments Nv and Another v ACP Ltd and others: ChD 14 Nov 2007

James Hall and Company (Property) Ltd v Maughan and Others: UTLC 14 Nov 2016

UTLC RESTRICTIVE COVENANT – Law of Property Act 1925 section 84 — whether persons appearing entitled to benefit of restrictive covenant so as to be admitted to oppose application to discharge it – section 84(3A) [2016] UKUT 513 (LC) Bailii Law of Property Act 1925 84 England and Wales Land Updated: 26 January 2022; Ref: … Continue reading James Hall and Company (Property) Ltd v Maughan and Others: UTLC 14 Nov 2016

Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

The parties disputed whether a contract had been made. The proposed contract was contained in a letter and a plan but only the plan was signed by both parties. Held: The requirements of Section 2 had not been satisfied because it was the letter which contained the contract which referred to the plan and incorporated … Continue reading Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

Laav Re 146 Burges Road: UTLC 10 Sep 2015

UTLC RESTRICTIVE COVENANT – discharge – modification – proposed development of second house on application land – whether restrictions obsolete under ground (a) – change of character of neighbourhood – grounds (aa) and (c) – whether compensation payable to original covenantee under section 84(1)(ii) – application to modify covenants granted under ground (aa) – Law … Continue reading Laav Re 146 Burges Road: UTLC 10 Sep 2015

Cook and Another Re: 21 Shawfield Park: UTLC 19 Dec 2014

UTLC RESTRICTIVE COVENANT – discharge or modification – dwellinghouse – restrictions preventing erection of building and any additions, alterations, fences and outbuildings without Vendor’s consent – application to discharge or modify restrictions to permit implementation of planning permission to demolish existing two storey dwelling and replace with larger house – whether requirement for consent extended … Continue reading Cook and Another Re: 21 Shawfield Park: UTLC 19 Dec 2014

Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

Barrett v Robinson: UTLC 29 Jul 2014

UTLC LANDLORD AND TENANT – administration charges – covenant to pay costs of proceedings – whether costs incurred ‘in or in contemplation of’ proceedings under s.146, Law of Property Act 1925 – Freeholders of 69 Marina v Oram considered – s.81, Housing Act 1996 – ss.167-169, Commonhold and Leasehold Reform Act 2002 – appeal allowed … Continue reading Barrett v Robinson: UTLC 29 Jul 2014

Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

LRA Easements and Profits A Prendre : Interruption – shooting rights – profit a prendre in gross – grant of leasehold interest of profit for 80 years- application on a first registration to register profit – substantive registration of overriding interest – whether discontinuous lease for less than 7 years – right to buy back … Continue reading Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

Roberts and Others v Keegan: LRA 3 Mar 2014

LRA Rentcharges : Nature and Extent : Rectification or Setting Aside of Documents : Scope of Jurisdiction – Rentcharges – grant of lease over rentcharge to trustees to enforce payments due under a rentcharge – equitable status of lease pending registration – proof of title to rentcharge – proof of sums due and owing – … Continue reading Roberts and Others v Keegan: LRA 3 Mar 2014

St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962

To defeat a defence of adverse possession, the plaintiff must succeed in an action which itself had been commenced within the twelve year period. A squatter does not succeed to the title that he has disturbed: by sufficiently long adverse possession he obtains a title of his own, but ‘his possession only defeats the rights … Continue reading St Marylebone Property Co Ltd v Fairweather: HL 16 Apr 1962

3 Aylmer Drive, Re: UTLC 29 Apr 2014

UTLC RESTRICTIVE COVENANT – modification – proposed erection of detached house in place of former lodge – whether practical benefits of substantial value or advantage – application granted on ground (aa) – compensation awarded of andpound;75,000 – Law of Property Act 1925 s84(1)(aa) and (c) [2014] UKUT 153 (LC) Bailii England and Wales Land Updated: … Continue reading 3 Aylmer Drive, Re: UTLC 29 Apr 2014

Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Briggs LJ [2014] EWCA Civ 183, [2014] PNLR 420 Bailii Trustee Act 1925 61 England and Wales Citing: Appeal from – Santander UK Plc v RA Legal Solicitors (A Firm) QBD 23-May-2013 The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the … Continue reading Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

UTLC RESTRICTIVE COVENANT – 1864 and 1881 restrictive covenants – use as private dwellinghouse only and imposition of building lines – uncontested breach as a doctor’s surgery – no breach of building lines – application to discharge 1864 covenant under ground (a) allowed in part – application to discharge remainder of 1864 covenant under ground … Continue reading Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

The court was asked whether the 1977 Act required a local authorty to obtain a court order before taking possession of interim accommodation it provided to an apparently homeless person while it investigated whether it owed him or her a duty under Part VII of the 1996 Act, and (ii) whether a public authority, which … Continue reading ZH and CN, Regina (on The Applications of) v London Boroughs of Newham and Lewisham: SC 12 Nov 2014

Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

UTLC RESTRICTIVE COVENANT – discharge or modification – former hospital – covenant relating to small part of hospital building and other land prohibiting erection of any buildings within 20 feet of adjoining footpath – application to discharge or to modify to permit erection of two flats as part of proposed refurbishment of entire hospital to … Continue reading Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

Barclays Bank Trust Company Ltd v Revenue and Customs: CA 14 Jul 2011

Parents had each left a share of their estate to the bank on trusts for their disabled son. The revenue said that the gifts were caught by and taxable by virtue of sections 5, 49 and 89 of the 1984 Act, the residuary estates of both parents forming part of the son’s estate because section … Continue reading Barclays Bank Trust Company Ltd v Revenue and Customs: CA 14 Jul 2011

Lloyds TSB Bank Plc v Markandan and Uddin (A Firm): ChD 14 Oct 2010

The claimant sought damages saying that the defendant firm of solicitors had failed to deal properly with a conveyance having paid across the mortgage funds to a non-existent firm of solicitors and without obtaining the appropriate documents at all. The defendant was not suspected of being involved in the fraud. The court was asked whether … Continue reading Lloyds TSB Bank Plc v Markandan and Uddin (A Firm): ChD 14 Oct 2010

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974

Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the trusts in remainder were void for perpetuity. Held: A trustee when exercising a … Continue reading Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974

McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. Time was not initially of the essence of the … Continue reading McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

First Penthouse Limited/Channel Hotels and Properties (UK) Limited v Channel Hotels and Properties (UK) Limited/Fahad Al Tamimi First Penthouse Limited Varlet International Limited Ruth Gary Orbach Quallvile Limited Norval Holdings Limited: ChD 14 Nov 2003

Several transactions had taken place with regard to a lease of a roof void, which was to be developed for penthouses. The lease had been charged to secure funding. The development did not proceed to schedule, and a s146 notice was served. It was . .

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Southward Housing Co-Operative Ltd v Walker and Another: ChD 8 Jun 2015

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

Official Custodian for Charities v Parway Estates Developments (In Liquidation): CA 1985

The consideration for the grant of a lease was not a capital sum, but substantial building works. Application was made for its forfeiture. Held: Dillon LJ assumed that the words ‘if the tenant shall enter into liquidation whether compulsorily or voluntarily’ in a re-entry clause in a lease refer to the making of the winding … Continue reading Official Custodian for Charities v Parway Estates Developments (In Liquidation): CA 1985

Kanda v Church Commisioners for England: 1958

The landlord served a section 146 notice for breach of a repairing covenant. The lease had been assigned. Held: The notice should be served on the assignee. Citations: [1958] 1 QB 332 Statutes: Law of Property Act 1925 146 Jurisdiction: England and Wales Cited by: Cited – Old Grovebury Manor Farm Ltd v W Seymour … Continue reading Kanda v Church Commisioners for England: 1958

Assethold Ltd v Nelio Patricio Teixeira Franco: UTLC 7 Nov 2022

Landlord and Tenant – Service Charges – Administration Charges – Burden of Proof – Scope of Costs Incurred for The Purpose of The preparation and service of a notice under section 146 of the Law of Property Act 1925 Judges: Judge Elizabeth Cooke Citations: [2022] UKUT 285 (LC) Links: Bailii Statutes: Law of Property Act … Continue reading Assethold Ltd v Nelio Patricio Teixeira Franco: UTLC 7 Nov 2022

Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another: CA 21 Jun 1979

The plaintiffs granted a business lease to the defendants for three years. The tenant covenanted not to assign the lease without the written consent of the landlord, such consent not to be unreasonably withheld in the case of a respectable tenant. The tenant assigned the lease without the landlord’s consent. That assignment was effective. The … Continue reading Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another: CA 21 Jun 1979

Savva and Another v Houssein: CA 24 Apr 1996

The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease. Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was … Continue reading Savva and Another v Houssein: CA 24 Apr 1996

System Floors Ltd v Ruralpride Ltd and Another: CA 31 Oct 1994

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

69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011

The parties disputed the liability on lessees to contribute to a service charge for maintenance of common parts of the building. The six tenants covenanted to pay a proper proportion of the landlord’s costs of meeting his repair obligations. The landlord executed repair after a water leak. Two tenants argued that the cost was too … Continue reading 69 Marina, St Leonards-On-Sea, Freeholders of v Oram and Another: CA 8 Nov 2011

Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005

The landlord sought repayment of arrears of rent. The tenant sought to raise a set off which had arisen against the landlord’s predecessor arising from defects in the property they had constructed. Held: The tenant had no right of set off. Muscat established a right where the arrears had arisen during the prior to the … Continue reading Edlington Properties Ltd v J H Fenner and Co Ltd: QBD 20 Oct 2005

Bass Holdings Ltd v Lewis: CA 29 Jul 1986

The appellant, Mr Lewis had been granted a tenancy by the appellant on its standard terms. Notice was given to terminate the tenancy. The tenant appealed against a ruling that he had not acquired a tenaancy for 90 years under the 1925 Act. Held: The appeal failed.Nourse LJ analysed the section: ‘First, the word ‘determinable’ … Continue reading Bass Holdings Ltd v Lewis: CA 29 Jul 1986

Forcelux Ltd v Binnie: CA 21 Oct 2009

Forcelux and Mr Binnie were the landlord and tenant of a flat in Lincoln. Under the lease, the tenant was obliged to pay ground rent and other charges. The lease contained a forfeiture provision in the event of non-payment of rent or charges. Mr Binnie fell into arrears and Forcelux obtained a default judgment against … Continue reading Forcelux Ltd v Binnie: CA 21 Oct 2009

Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

The court was asked whether the plaintiff lessors were entitled to leave to commence proceedings against the lessee defendants for damages under section 1(2) of the 1938 Act for breach of a repairing covenant, even though the lessors had themselves remedied the breach before purporting to give the lessees a notice such as is specified … Continue reading Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

Courtney Lodge Management Ltd v Blake and Others: CA 1 Jul 2004

The tenant appealed forfeiture proceedings for the failure sof subtenants to repair the property. Held: Section 146 notices which were to lead to forfeiture were required to give a reasonable time to comply with the notice. Judges: Sir Andrew Morritt VC, Chadwick, Sedley LJJ Citations: Times 15-Jul-2004, [2004] EWCA Civ 975 Links: Bailii Statutes: Law … Continue reading Courtney Lodge Management Ltd v Blake and Others: CA 1 Jul 2004

Akici v LR Butlin Ltd: CA 2 Nov 2005

The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. The judge had found a sharing of occupation. Held: The tenant’s appeal succeeded. The … Continue reading Akici v LR Butlin Ltd: CA 2 Nov 2005

Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

LT Landlord and Tenant Act 1985 s.18 – Law of Property Act 1925 s.146 – Housing Act 1996 ss.81 and 82 – jurisdiction of LVT — covenant to pay costs in preparing notices under s.146 – Meaning of ‘service charge’ — landlord’s costs of management — Forcelux v Sweetman not followed Citations: [2004] EWLands LRX … Continue reading Forcelux Ltd, Re an Appeal Against A Decision of the Leasehold Valuation Tribunal: LT 20 Jan 2004

Scribes West Ltd v Relsa Anstalt and others: CA 20 Dec 2004

The claimant challenged the forfeiture of its lease by a freeholder which had acquired the registered freehold title but had not yet registered its ownership. The second defendant had forfeited the lease by peacable re-entry for arrears of rent, and created a further lease. Held: The judge was right to hold that, following the transfer, … Continue reading Scribes West Ltd v Relsa Anstalt and others: CA 20 Dec 2004

Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

The court handed down a New Practice Direction 52 for grounds of appeal, decisions in permissions to appeal, notices to respondents of appeals, appeal bundles etc. Judges: Mr Justice Brooke Lord Justice Mance Lord Justice Dyson Citations: [2004] EWCA (Civ) 835, Times 08-Jul-2004, [2005] CP Rep 2, [2005] 1 Costs LR 18 Links: Bailii Statutes: … Continue reading Scribes West Limited v Relsa Anstalt and Another (No 1): CA 1 Jul 2004

Escalus Properties Ltd v Robinson and Others; Same v Dennis and Others Etc: CA 11 May 1995

Mortgagee is entitled to relief against forfeiture retrospectively. Sub-tenants and mortgagees can also apply for relief under s 146(2). Citations: Gazette 11-May-1995, [1996] QB 231 Statutes: Law of Property Act 1925 146(2) Jurisdiction: England and Wales Landlord and Tenant Updated: 14 May 2022; Ref: scu.80364

Broomleigh Housing Association Ltd v Hughes: ChD 26 Nov 1999

A landlord could recover under the service charge the full cost of works of repair to the outside of premises even though part of the works had been undertaken by the tenant, for which breach a waiver had been given, and even though other tenants having carried out similar works had had an allowance given … Continue reading Broomleigh Housing Association Ltd v Hughes: ChD 26 Nov 1999

Bland v Ingrams Estates Ltd and Others (1): CA 18 Jan 2001

An equitable charge of a lease has standing to apply to court for relief from forfeiture for non-payment of rent, where the tenant did not himself seek relief, but only indirectly on the basis that the lessee and chargor has a duty to take reasonable steps to preserve the charge’s security. The tenant stands in … Continue reading Bland v Ingrams Estates Ltd and Others (1): CA 18 Jan 2001

Rugby School (Governors) v Tannahill: CA 1935

The tenant had been convicted of permitting the premises in Great Ormond Street to be used for habitual prostitution. The landlord served a notice under section 146 which did not provide for the possibility of the breach being remedied. The evidence showed that the tenant had been knowingly and actively permitting the house to be … Continue reading Rugby School (Governors) v Tannahill: CA 1935

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006

Agricullo Ltd v Yorkshire Housing Ltd: CA 16 Mar 2010

The landlord sought leave to appeal against a refusal to award it costs associated with the service of a section 146 notice on the tenant. The tenant had covenanted to repair, and to indemnify the landlord against expenses of such notices. The tenant had claimed the benefit of having given a notice under the 1938 … Continue reading Agricullo Ltd v Yorkshire Housing Ltd: CA 16 Mar 2010

Hardy and Another v Haselden and Others: CA 29 Nov 2011

The claimants had taken up occupation of a farm under an informal arrangement which they now said amounted to a tenancy for ther lives. The freeholder’s, personal representatives of the original grantors, appealed against a declaration accordingly. The respondents said that they had spent over andpound;30,000 in repairs because of the agreement. Held: The appeal … Continue reading Hardy and Another v Haselden and Others: CA 29 Nov 2011

Healey v Brown: ChD 25 Apr 2002

The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002

Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996

The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996

Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998

The Borough’s tenant had died. His wife and daughter had lived with him, but the mother not for long enough to succeed to his tenancy. The daughter (aged thirteen) claimed to have done so having lived with him for three years. Held: The 1985 Act did not limit its effects to adults. A minor may … Continue reading Royal Borough of Kingston Upon Thames v Prince and Another: CA 2 Dec 1998

Spiller and Another v Joseph and Others: SC 1 Dec 2010

The defendants had published remarks on its website about the reliability of the claimant. When sued in defamation, they pleaded fair comment, but that was rejected by the Court of Appeal. Held: The defendants’ appeal succeeded, and the fair comment defence was re-instated. The phrase ‘honest comment’ should now be used to reflect the nature … Continue reading Spiller and Another v Joseph and Others: SC 1 Dec 2010

Raglan Housing Association Ltd v Fairclough: CA 1 Nov 2007

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

Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

In the Matter of University of Westminster: CA 15 Jul 1998

Appeal, by way of case stated, from a decision of the Lands Tribunal refusing to order the discharge of certain restrictions affecting land of which the appellant, the University of Westminster, is the freehold owner. Judges: Swinton Thomas, Waller, Chadwick LJJ Citations: [1998] 3 All ER 1014, [1998] EWCA Civ 1215 Links: Bailii Statutes: Law … Continue reading In the Matter of University of Westminster: CA 15 Jul 1998

Rank Film Distributors v Video Information Centre: HL 1 Mar 1981

The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981

Howse v Newbury District Council: CA 7 Apr 1998

The claimant sought an order to prevent the respondent erecting a building on Greenham Common. The respondent had argued that the rights of common had been removed by conveyance and the land was not registered as a common. Held: ‘under no conceivable circumstances could Miss Howse establish that the building of the enterprise centre on … Continue reading Howse v Newbury District Council: CA 7 Apr 1998

Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998