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Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 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

Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Citations: [1954] 1 QB 446 Jurisdiction: England and Wales Cited by: Mentioned – Pirabakaran v Patel and Another CA 26-May-2006 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 … Continue reading Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Albacruz (Cargo Owners) v Albazero ‘The Albazero’: HL 1977

The House was asked as to the extent to which a consignor can claim damages against a carrier in circumstances where the consignor did not retain either property or risk. To the general principle that a person cannot recover substantial damages for breach of contract where he himself has suffered no loss by reason of … Continue reading Albacruz (Cargo Owners) v Albazero ‘The Albazero’: HL 1977

Regina v Kensington and Chelsea (Royal) London Borough Rent Officer, Ex parte Noel: 1978

A rent officer can investigate whether a tenancy is protected by the Rent Act 1977 in order to decide whether he has jurisdiction to fix the rent. Citations: [1978] QB 1 Statutes: Rent Act 1977 Jurisdiction: England and Wales Cited by: Cited – Sugar v British Broadcasting Corporation and Another HL 11-Feb-2009 The Corporation had … Continue reading Regina v Kensington and Chelsea (Royal) London Borough Rent Officer, Ex parte Noel: 1978

Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford: CA 9 Oct 1997

The claimant sought to appeal the quashing of determinations of a fair rent for two properties. Citations: [1997] EWCA Civ 2453, [1999] QB 92 Statutes: Rent Act 1977 Jurisdiction: England and Wales Citing: Cited – Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee QBD 13-Jul-1994 The rent assessment committee had rejected proposed … Continue reading Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford: CA 9 Oct 1997

Re C (a Minor) (Adoption: Parental Agreement: Contact): CA 1993

Where adoption is to be considered against the will of the parent, the court should recognise when asking whether the opposition was unreasonable that the test is objective and supposes that this person is endowed with a mind and temperament capable of making reasonable decisions: ‘. . making the freeing order, the judge had to … Continue reading Re C (a Minor) (Adoption: Parental Agreement: Contact): CA 1993

Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

The court considered the developing international jurisdiction over commercial activities of state bodies which might enjoy state immunity, and sought to ascertain whether or not the Central Bank of Nigeria was entitled to immunity from suit. Held: The key questions are those of ‘governmental control’ and ‘governmental functions’ and that these are to be determined … Continue reading Trendtex Trading Corporation v Central Bank of Nigeria: CA 1977

Tai Hing Cotton Mill Limited v Kamsing Knitting Factory (A Firm): PC 27 Jul 1977

(Hong Kong) The buyer brought an action for damages for breach of a contract for the sale of goods. The measure of damages was the difference between the contract price and the market value of the goods at the relevant date. The evidence called at trial was all directed to the market value of the … Continue reading Tai Hing Cotton Mill Limited v Kamsing Knitting Factory (A Firm): PC 27 Jul 1977

Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985

The officer had entered a fair rent for a caravan. The site owner sought the vacation of the entry. The caravan was fully mobile, but was also connected to mains water and electric and sewage. The connections were easily removed, and the caravan was from time to time moved. Held: Whether a caravan counted as … Continue reading Regina v Rent Officer of Nottinghamshire Registration Area, ex parte Allen: 1985

In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

The parents had received IVF treatment together, but had separated before the child was born. The mother resisted an application by the father for a declaration of paternity. Held: The father’s appeal failed. The Act made statutory provision as to the parentage of a child born through IVF. The mere participation of the father and … Continue reading In Re R (Parental responsibility: IVF baby); D (A Child), Re: HL 12 May 2005

Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001

Challenge to rent for regulated tenany. Judges: Peter Gibson, Chadwick, Keene LJJ Citations: [2001] EWCA Civ 237, [2001] L and TR 37, [2001] 21 EG 168, [2001] 2 EGLR 63, [2001] 6 EGCS 163, (2001) 33 HLR 71 Links: Bailii Statutes: Rent Act 1977 67(1) Jurisdiction: England and Wales Housing Updated: 27 June 2022; Ref: … Continue reading Haysport Properties Ltd, Regina (on the Application of) v Rent Officer of West Sussex Registration Area: CA 31 Jan 2001

Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

The principle to the effect that the court should exercise its discretion to restrain a distress levied by a landlord before the commencement of a winding-up only where there were special circumstances rendering it inequitable that he should be permitted to do so, applies also to a distress levied by the Crown under a statutory … Continue reading Herbert Berry Associates Ltd v Inland Revenue Commissioners; re Herbert BerrySP, Regina (on The Application of) v The Lord Chancellor: HL 1977

Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979

Benefits in kind for pensioners. The Court was asked whether a person receiving an invalidity pension in the Netherlands was entitled to reclaim the cost of medical treatment in Germany. Held: The status of ‘worker’ for the purpose of article 22 was not restricted to active as opposed to inactive workers. Such pensioners came within … Continue reading Bestuur Van Het Algemeen Ziekenfonds Drenthe-Platteland v Pierik: ECJ 31 May 1979

Director of Public Prosecutions v Stonehouse: HL 1977

The defendant had been charged with attempting to obtain property by deception by fabricating his death by drowning in the sea off Miami in Florida. The final act alleged to constitute the offence occurred outside the jurisdiction of the English courts. Held: The charge was justiciable in England. The defendant appealed conviction on counts of … Continue reading Director of Public Prosecutions v Stonehouse: HL 1977

Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998

When choosing areas for assessment of amenity values and scarcity values an area in which a tenant could reasonably expect to choose from ignoring the amenity area, but not a really large area such as the South East of England. Citations: Times 11-Dec-1998, Gazette 03-Feb-1999 Statutes: Rent Act 1977 70(1) 70(2) Jurisdiction: England and Wales … Continue reading Queensway Housing Association Ltd v Chiltern Thames and Eastern Rent Assessment Committee; Laira Properties Ltd v Same; Cherry Tree Investments v Similar Etc: QBD 11 Dec 1998

BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977

(Victoria) The Board set out the necessary conditions for a clause to be implied into a contract. Held: Lord Simon of Glaisdale said: ‘Their Lordships do not think it necessary to review exhaustively the authorities on the implication of a term in a contract which the parties have not thought fit to express. In their … Continue reading BP Refinery (Westernport) Pty Ltd v The Shire of Hastings: PC 1977

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

Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002

The respondent had determined a fair rent under the 1977 Act, on the grounds that LRAC had adopted an impermissible approach to the question of whether any ‘scarcity’ deduction fell to be made and to its assessment of that deduction as 30%. Judges: Mr Justice Ouseley Citations: [2002] EWHC 835 (Admin) Links: Bailii Statutes: Rent … Continue reading Yeoman’s Row Management Ltd v Chairman of the London Rent Assessment Committee: Admn 19 Apr 2002

Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

Europa The wording of the second subparagraph of article 40(3) of the Treaty does not refer in clear terms to the relationship between different industrial or trade sectors in the sphere of processed agricultural products . This does not alter the fact that the prohibition of discrimination laid down in the aforesaid provision is merely … Continue reading Ruckdeschel and Others v Hauptzollamt Hamburg-St Annen: ECJ 19 Oct 1977

Dorothy Perkins Ltd v Dance: 1977

The court considered the difficulties in categorising and comparing employments: ‘Having then identified the parties, having then acquainted themselves with the nature of the contractual employment, the next thing that has to be done is to look at the position in very broad general terms. The old saying that it is sometimes difficult to see … Continue reading Dorothy Perkins Ltd v Dance: 1977

Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

When a court sets a new rent on an application for a new lease under the 1954 Act, the valuation date is, in practice, the date upon which it sets the new rent, taking effect from the date when the new lease is to be executed, although striclty according to the words of the section, … Continue reading Lovely and Orchard Services v Daejan Investments (Grove Hall) Ltd: QBD 1977

Commonwealth Construction Co Ltd v Imperial Oil: 1977

(Supreme Court of Canada) de Grandpre J said: ‘On any construction site, and especially when the building being erected is a complex chemical plant, there is ever present the possibility of damage by one tradesman to the property of another and to the construction as a whole. Should this possibility become reality, the question of … Continue reading Commonwealth Construction Co Ltd v Imperial Oil: 1977

Woodward v Hutchins: CA 1977

An injunction was sought to restrain publication of confidential information about a well-known pop group, starring Tom Jones and Engelbert Humperdinck. As the group’s press agent, the defendant’s role had been to see that the group received favourable publicity. However, after parting company, amicably, with the group, the defendant disclosed ‘no doubt, for a very … Continue reading Woodward v Hutchins: CA 1977

Singer and Friedlander Ltd v Wood: 1977

Valuers acting competently and professionally may reach widely varying conclusions as to value. There is a permissible margin of error, the ‘bracket’. What can properly be expected from a competent valuer using reasonable care and skill is that his valuation falls within this bracket. A valuation that falls outside the permissible margin of error calls … Continue reading Singer and Friedlander Ltd v Wood: 1977

National Union of Taylors and Garment Workers v Charles Ingram and Company Ltd: EAT 1977

The Union said that it had been recognised by the employers even though there was no written agreement. Held: Phillips J said: ‘Recognition’ plainly, we think, implies agreement – which, of course, involves consent. That is to say, it is a mutual process by which the employers recognise the union, which obviously agrees to be … Continue reading National Union of Taylors and Garment Workers v Charles Ingram and Company Ltd: EAT 1977

United States v Ramsey: 6 Jun 1977

United States Supreme Court – Title 19 U.S.C. ss 482 and implementing postal regulations authorize customs officials to inspect incoming international mail when they have a ‘reasonable cause to suspect’ that the mail contains illegally imported merchandise, although the regulations prohibit the reading of correspondence absent a search warrant. Acting pursuant to the statute and … Continue reading United States v Ramsey: 6 Jun 1977

Regina v Rent Officer for West Sussex Registration Area, Ex Parte Haysport Properties Ltd: CA 22 Mar 2001

Repairs which had the effect of changing a house into one fit for human habitation were to be included as changes to the ‘condition of the dwelling house’. This being so the landlord was entitled to apply again to the rent officer for a new fair rent to be registered even though it was less … Continue reading Regina v Rent Officer for West Sussex Registration Area, Ex Parte Haysport Properties Ltd: CA 22 Mar 2001

Regina (Haysport Properties Ltd) v Rent Officer for West Sussex Registration Area: CA 26 Apr 2001

Repairs which had the effect of changing a house into one fit for human habitation were to be included as changes to the ‘condition of the dwelling house’. This being so the landlord was entitled to apply again to the rent officer for a new fair rent to be registered even though it was less … Continue reading Regina (Haysport Properties Ltd) v Rent Officer for West Sussex Registration Area: CA 26 Apr 2001

The Teno: 1977

The court considered the circumstances necessary to establish a right to a set-off in equity: ‘where the cross-claim not only arises out of the same contract as the claim but is so directly connected with it that it would be manifestly unjust to allow the claimant to recover without taking into account the cross-claim there … Continue reading The Teno: 1977

Nova (Jersey) Knit Ltd v Kammgarn Spinnerei GmbH: HL 1977

English and German companies traded in partnership. They agreed that all disputes between them should be arbitrated in Germany. The English company sold machinery to the German company and by way of payment received some 24 bills of exchange. After the first six bills of exchange had been paid, the German company refused further payment … Continue reading Nova (Jersey) Knit Ltd v Kammgarn Spinnerei GmbH: HL 1977

F R Evans (Leeds) Ltd v English Electric Co Ltd: 1977

On the rent review of a large factory of which the only potential occupier was the tenant in question, one should assume a hypothetical landlord and hypothetical willing tenant so that the rental levels were not affected by one or both parties being in a monopoly position. A hypothetical willing seller and a hypothetical willing … Continue reading F R Evans (Leeds) Ltd v English Electric Co Ltd: 1977

Clyde and Co v Secretary of State for the Environment: CA 1977

Planning permission had been granted for an office block, together with 8 flats as part of the same building. The building was largely erected, with the residential part incomplete. There was an application to change the existing permitted use of the residential part of the block to office use. That application was refused. The resulting … Continue reading Clyde and Co v Secretary of State for the Environment: CA 1977

In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977

Nash v Ryan Plant International Limited: 1977

The court considered the meaning of the word ‘refer’ in the section. Held: Words such as ‘deliver’ or ‘present’ ordinarily require that the transfer shall be completed. Words like ‘send’ or ‘despatch’ do not. The argument on the word ‘referred’, suggest that its meaning is imprecise, and that it is much coloured, as meaning either … Continue reading Nash v Ryan Plant International Limited: 1977

Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

The defendants had been trading on Sundays in breach of s.47 of the Shops Act 1950, which, by s.71(1) imposed on every local authority the duty to enforce within their district the provisions of that Act. Parliament has given local authorities a special status to bring proceedings in their own name, thereby overcoming the difficulties … Continue reading Stoke-On-Trent City Council v B and Q (Retail) Ltd: HL 1984

Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977

Europa Convention of 27 September 1968 – exclusive jurisdiction – matters relating to tenancies of immovable property – strict interpretation – business carried on in immovable property rented from a third party by the lessor -agreement to run the business – application of article 16 excluded – dispute as to the existence of such an … Continue reading Theodorus Engelbertus Sanders v Ronald van der Putte: ECJ 14 Dec 1977

Forebury Estates Ltd v Chiltern Thames and Eastern Rent Assessment Panel and Others: QBD 11 Jul 2000

Where a rent assessment committee was considering the setting of a rent, it was appropriate to take account of the lists of rents of local local authorities. The connection is however to be made only with care. A high availability or scarcity of a housing list might affect the level of rents of privately available … Continue reading Forebury Estates Ltd v Chiltern Thames and Eastern Rent Assessment Panel and Others: QBD 11 Jul 2000

Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee: QBD 13 Jul 1994

The rent assessment committee had rejected proposed market rent comparables as an indicator of market rent for the premises, because they were not satisfied of the actual absence of scarcity. The landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The court set out the principles to be followed in assessing fair … Continue reading Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee: QBD 13 Jul 1994

Anns and Others v Merton London Borough Council: HL 12 May 1977

The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority appealed a finding that it was liable, arguing that the claims were time barred and that it had … Continue reading Anns and Others v Merton London Borough Council: HL 12 May 1977

Murphy v Brentwood District Council: HL 26 Jul 1990

Anns v Merton Overruled The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval under the building bye-laws. The Council approved them. The Council was … Continue reading Murphy v Brentwood District Council: HL 26 Jul 1990

Nelson v British Broadcasting Corporation: CA 1977

Mr Nelson was employed as a producer but had in fact been engaged in the Caribbean Service of the BBC in terms of the work which he had actually been doing. The contract of employment expressly provided that he should serve wherever and however he might be required. Held: The closure of the BBC service … Continue reading Nelson v British Broadcasting Corporation: CA 1977

Director of Public Prosecutions v Humphrys: HL 1977

Humphrys was charged with driving while disqualified. The issue was the correctness of the identification by a police constable. In evidence, Humphrys denied that he was the driver, or indeed that he had driven any car during the year in question. He was acquitted. Later he was charged with perjury said to arise from his … Continue reading Director of Public Prosecutions v Humphrys: HL 1977

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

Robinson v Robinson (Practice Note): CA 2 Jan 1982

The husband was a serving soldier who had had various postings abroad. The wife returned home, where she discovered that she was pregnant. He followed her home, but she left him, and applied for maintenance. The justices found that she had deserted him, and that her behaviour was ‘gross and obvious misconduct’ and reduced her … Continue reading Robinson v Robinson (Practice Note): CA 2 Jan 1982

Dahlia Ltd v Four Millbank Nominees Ltd and Another: CA 24 Nov 1977

Appeal against strike out of statement of claim. The plaintiffs had negotiated with the defendants for the purchase of several properties. Though formal contracts were never exchanged, the plaintiffs said that they had the benefit of a unilateral contract to enter into a binding written contract. Buckley, Orr, Goff LJJ [1977] EWCA Civ 5, [1978] … Continue reading Dahlia Ltd v Four Millbank Nominees Ltd and Another: CA 24 Nov 1977

Powell v McFarlane: ChD 1977

Intention to Establish Adverse Possession of Land A squatter had occupied the land and defended a claim for possession. The court discussed the conditions necessary to establish an intention to possess land adversely to the paper owner. Held: Slade J said: ‘It will be convenient to begin by restating a few basic principles relating to … Continue reading Powell v McFarlane: ChD 1977

Regina v Pierre Bouchereau: ECJ 27 Oct 1977

ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference to the purpose and general scheme of the rules of which it forms a part. Any action affecting the right of … Continue reading Regina v Pierre Bouchereau: ECJ 27 Oct 1977

Town Investments Ltd v Department of the Environment: HL 2 Mar 1977

The House considered the application of Orders made under the Counter-Inflation Acts 1972 and 1973 to premises let initially to the Minister of Works and then to the Secretary of State for the Environment for occupation by civil servants. Each of the relevant counter-inflation Orders contained definitions of ‘business tenancy’ and ‘business’. Held: In view … Continue reading Town Investments Ltd v Department of the Environment: HL 2 Mar 1977

Gouriet v Union of Post Office Workers: HL 26 Jul 1977

The claimant sought an injunction to prevent the respondent Trades Union calling on its members to boycott mail to South Africa. The respondents challenged the ability of the court to make such an order. Held: The wide wording of the statute did not mean that the courts had, in effect, limitless powers to grant interlocutory … Continue reading Gouriet v Union of Post Office Workers: HL 26 Jul 1977

In re D (An Infant) (Adoption: Parent’s Consent): HL 1977

The father opposed adoption of a child by the mother and her new husband. The House was asked whether his opposition was unreasonable. Held: Lord Wilberforce said: ‘What, in my understanding, is required is for the court to ask whether the decision, actually made by the father in his individual circumstances, is, by an objective … Continue reading In re D (An Infant) (Adoption: Parent’s Consent): HL 1977

Practice Statement (Judicial Precedent): HL 1966

The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those of the committee which determined the decision unanimously or by a majority. … Continue reading Practice Statement (Judicial Precedent): HL 1966

Miller v Jackson: CA 6 Apr 1977

The activities of a long established cricket club had been found to be a legal nuisance, because of the number of cricket balls landing in the gardens of neighbouring houses. An injunction had been granted to local householders who complained of cricket balls landing in their gardens. The defendant appealed. Held: A factor to be … Continue reading Miller v Jackson: CA 6 Apr 1977

Gleeson v J Wippell and Co Ltd: ChD 1977

The court considered the circumstances giving rise to a plea of res judicata, and proposed a test of privity in cases which did not fall into any recognised category. ‘Second, it seems to me that the sub-stratum of the doctrine is that a man ought not to be allowed to litigate a second time what … Continue reading Gleeson v J Wippell and Co Ltd: ChD 1977

Orakpo v Manson Investments Ltd: HL 1977

Transactions were entered into under which loans were made to enable the borrower to acquire and develop certain properties were held to be unenforceable under the 1927 Act. The effect was to enrich the borrower, who had fallen into arrears of payments of interest and moneys due but was successful in his defence that all … Continue reading Orakpo v Manson Investments Ltd: HL 1977

BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008

The House considered whether the Secretary of State for Health acted lawfully in issuing guidance as to the employment of foreign doctors to employing bodies within the National Health Service in April 2006. Held: The secretary of state’s appeal failed. The fact that the guidance differentiated between NHS service and private medical care indicated that … Continue reading BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another: HL 30 Apr 2008

Massey v Crown Life Insurance Company: CA 4 Nov 1977

Massey worked as Crown Life’s manager under 2 contracts, one a contract of employment, the other a contract of general agency. Tax and other contributions were deducted from wages paid under the former, while commission was paid under the agency contract. Under the agency contract Massey could work for other insurance brokers. Later, with Crown … Continue reading Massey v Crown Life Insurance Company: CA 4 Nov 1977

Oren, Tiny Love Limited v Red Box Toy Factory Limited, Red Box Toy (UK) Limited, Index Limited, Martin Yaffe International Limited, Argos Distributors Limited: PatC 1 Feb 1999

One plaintiff was the exclusive licensee of a registered design. The defendant sold articles alleged to infringe the design right. The registered owner had a statutory right to sue for infringement. But the question was whether the licensee could . .

Acts

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Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy. Judges: Stuart-Smith … Continue reading Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings … Continue reading Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

Chios Property Investment Ltd v Lopez: 1987

When asked to consider whether a person cohabiting with a tenant before his death, and seeking a statutory tenancy after his death, the court stressed the importance of a ‘sufficient state of permanence and stability’ having been reached in the relationship so as to constitute a family. Cohabitation for two years still enabled the woman … Continue reading Chios Property Investment Ltd v Lopez: 1987

Laimond Properties Limited v Al-Shakarchi: CA 10 Feb 1998

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

PB Investments Ltd v McInnes: CA 19 Jun 2007

The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant is assessing her medical condition. She now said that the order debarring her from … Continue reading PB Investments Ltd v McInnes: CA 19 Jun 2007

Fitzpatrick v Sterling Housing Association: CA 23 Jul 1997

A homosexual partner of a deceased tenant was not a member of that tenant’s family so as to entitle him to inherit the Rent Act tenancy on the death of his partner. Citations: Times 31-Jul-1997, [1997] EWCA Civ 2169, [2000] L and TR 44 Links: Bailii Statutes: Rent Act 1977 Sch 1 2(2) Jurisdiction: England … Continue reading Fitzpatrick v Sterling Housing Association: CA 23 Jul 1997

Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977. Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security … Continue reading Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines: CA 30 Jul 1997

Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996

The respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996