Alan Estates Ltd v WG Stores Ltd and Another: CA 1 Jul 1981

The proposed tenant wanted to get into possession, and was given a key and paid a quarter’s rent to the lessor’s solicitors to be held as stakeholders, before the lease had been formally granted. An undated lease and counterpart were executed and exchanged, but said to be sent in escrow until certain conditions were fulfilled. When the proposed landlords were unable to remove a charge, the tenant sought to withdraw. The landlord said that he could not do so. The lease remained undated.
Held: The tenant could withdraw, but owed rent from the date of delivery of the deed in escrow. The date of the lease was the date of the delivery in escrow. Lord Denning MR explained the doctrine of escrow: ‘What is the effect of an escrow before the conditions are fulfilled? One thing is clear. While the conditions are in suspense, the maker of the escrow cannot recall it. He cannot dispose of the land or mortgage it in derogation of the grant which he has made. He is bound to adhere to the grant for a reasonable time so as to see whether the conditions are to be fulfilled or not. If the conditions are not fulfilled at all, or not fulfilled within a reasonable time, he can renounce it. On his doing so, the transaction fails altogether. It has no effect at all. But if the conditions are fulfilled within a reasonable time, then the conveyance or other disposition is binding on him absolutely. It becomes effective to pass the title to the land or other interest in the land from the grantor to the grantee. The title is then said to ‘relate back’ to the time when the document was executed and delivered as an escrow. But this only means that no further deed or act is necessary in order to perfect the title of the grantee. As between grantor and grantee, it must be regarded as a valid transaction which was effective to pass the title to the grantee as at the date of the escrow’

Lord Denning MR, Ackner LJ, Sir Denys Buckley
[1982] Ch 511, [1981] EWCA Civ 1, [1981] 3 WLR 892, 260 EG 173, [1981] 3 All ER 481, 43 P and CR 192
Bailii
England and Wales
Citing:
CitedEccles v Bryant and Pollock CA 1947
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the . .
CitedHarrison v Battye 1974
Where it is intended that a contract should come into existence upon exchange of contract document parts executed by the various parties, it was necessary for the parts exchanged to be identical. The effective date when parties are bound is the date . .
CitedRe Duke of Devonshire’s Settlement 1952
DukeDevon1952
Vaisey J said: ‘As a rule the date properly to be inserted in a deed delivered as an escrow is the date at which it was so delivered and not the date when the condition of the delivery has been fulfilled.’ . .
CitedButler v Baker’s case 1591
The doctrine that a deed delivered in escrow operates from the time of delivery once the condition is fulfilled, does not operate as against a third party. . .
CitedXenos v Wickham HL 1866
Delivery of document in Escrow
Blackburn J said that a deed is delivered ‘as soon as there are acts or words sufficient to [show] that it is intended by the party to be executed as his deed presently binding on him.’
Lord Cranworth said: ‘The maker (of a deed) may so . .
CitedFoundling Hospital Governors v Crane 1911
Farwell LJ approved the description of the operation of the doctrine of escrow as follows: ‘The rules respecting escrows are, 1st, The writing will not operate as a deed till the second delivery. 2ndly, The party deputed to make the second delivery, . .
CitedCory (Wm) and Son Ltd v Inland Revenue Commissioners CA 1964
Diplock LJ discussed the status of a deed delivered in escrow: ‘So long as it remains an escrow it is not yet executed as a deed; for delivery again as a deed is required before it becomes one. While an escrow it conveys nothing, it transfers . .
CitedTerrapin International Ltd v Inland Revenue Commissioners 1976
A deed had been delivered in escrow, but, before the condition was fulfilled, the rates of stamp duty changed. The parties disputed the effective date of the transaction.
Held: Walton J considered what was the effect of a deed being held in . .
CitedKingston v Ambrian Investment Co Ltd 1975
Once a party has delivered a document in escrow, he must await the conditional event before he can recall the deed. . .
CitedSecurity Trust Co v The Royal Bank of Canada PC 1-Dec-1975
(Bahamas) A company, Fisher agreed to buy land with part of the purchase price to be paid by a fixed date and the balance secured by a mortgage to the vendor. A conveyance and a mortgage were duly executed and held in escrow pending payment of the . .
CitedTupper v Foulkes 1861
Anything which shows that a party treats an instrument as his deed will suffice to make it his deed. . .

Cited by:
DistinguishedDyment v Boyden and others CA 26-Nov-2004
Mrs D had gone into business with the respondents to operate a residential care home. It was to be run from premises owned by the respondents. The respondents inter alia had failed to disclose previous convictions, the registration was cancelled, . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.220263

Hill v Barclay: ChD 2 Mar 1810

The Plaintiff was tenant for years under the Defendant; with covenants to lay out pounds 150, within a given time: to keep the premises in repair; to leave them in repair at the end of the term; that it should be lawful for the Defendant twice in the year to enter, and survey the premises; and to require the necessary repairs to be done within three calendar months; and a right of entry was reserved upon breach of any of the covenants.
An Ejectment being brought by the landlord, assigning various breaches of the covenant to repair, a motion was made for an Injunction.

Lord Eldon LC
[1810] EWHC Ch J30
Bailii
England and Wales

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.241580

Barnhart v Greenshields: PC 5 Dec 1853

Pemberton Leigh said: ‘With respect to the effect of possession merely, we take the law to be, that if there be a tenant in possession of land, a purchaser is bound by all the equities which the tenant could enforce against the vendor, and that the equity of the tenant extends not only to interests connected with his tenancy, as in Taylor v Stibbert (2 Ves. Jun. 437), but also to interests under collateral agreements, as in Daniels v Davison (16 Ves. 249; 17 id. 433) and Allen v Anthony (21 Mer. 282), the principle being the same in both classes of cases – namely, that the possession of the tenant is notice that he has some interest in the land, and that a purchaser having notice of that fact is bound, according to the ordinary rule, either to inquire what that interest is or to give effect to it, whatever it may be.’

Pemberton Leigh
[1853] 99 Moore PC18, [1853] EngR 1060, (1853) 9 Moo PC 18, (1853) 14 ER 204
Commonlii
Canada
Cited by:
AdoptedGreen v Rheinberg CA 1911
. .
CitedHodgson v Marks CA 12-Mar-1971
The plaintiff had transferred her house to her lodger, expressing it to be for her love and affection for him. The judge at first instance had held that the true intention of the plaintiff had been that she would continue to live there as before and . .
CitedLloyds Bank plc v Rosset CA 13-May-1988
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Land, Landlord and Tenant

Updated: 27 January 2022; Ref: scu.242648

Green v Rheinberg: CA 1911

Vaughan Williams LJ, Farwell and Kennedy LJJ
(1911) 104 LT 149
Citing:
AdoptedBarnhart v Greenshields PC 5-Dec-1853
Pemberton Leigh said: ‘With respect to the effect of possession merely, we take the law to be, that if there be a tenant in possession of land, a purchaser is bound by all the equities which the tenant could enforce against the vendor, and that the . .

Cited by:
CitedEdlington 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 . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.242647

Strand Securities Ltd v Caswell: CA 2 Feb 1965

The leaving of furniture in a flat or having a key to the flat or making occasional use of it was not enough to constitute actual occupation. Where A permits B to occupy land on B’s own behalf by way of gratuitous licence, A’s capacity as licensor will not by itself entitle him to claim to be in actual occupation of the land, though the position will be different if B occupies as the representative of A.
Lord Denning MR said that object of section 70(1)(g) was ‘to protect a person in actual occupation of land from having his rights lost in the welter of registration . . No one can buy the land over his head and thereby take away or diminish his rights’
Russell LJ accepted that, if a tenant puts a resident caretaker into a residential flat to look after it, that would be actual occupation by the tenant. Russell L.J. observed that the caretaker, by her occupation for which she was employed, would be the representative of the tenant and her occupation might therefore be regarded as his.

Lord Denning MR, Russell LJ
[1965] Ch 958, [1965] EWCA Civ 1
Bailii
Land Registration Act 1925 70(1)(g)
England and Wales
Cited by:
AppliedLloyd and others v Dugdale and Another CA 21-Nov-2001
The claimants asserted a right to possession of land, and the defendant resisted, claiming a proprietary estoppel. A predecessor had intended to grant a sub-lease to the defendant, who had arranged for his company JAD Ltd to execute major works on . .
CitedLink Lending Ltd v Bustard CA 23-Apr-2010
The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had . .
CitedScott 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 . .
CitedLloyds Bank plc v Rosset CA 13-May-1988
Claim by a wife that she has a beneficial interest in a house registered in the sole name of her husband and that her interest has priority over the rights of a bank under a legal charge executed without her knowledge. The case raises a point of . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Registered Land

Updated: 27 January 2022; Ref: scu.183128

Goldmile Properties Limited v Speiro Lechouritis: CA 29 Jan 2003

The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord had to use all possible resources to avoid interruption of the tenant’s business, or only make reasonable attempts to do so.
Held: This particular covenant for quiet enjoyment was qualified. The covenant for quiet enjoyment is not a guarantee against all disturbance: it guarantees against disturbance only of that which is demised, and the demise includes the lessor’s obligation to use its reasonable endeavours to keep the building in repair. As to the interprtetation of conflicting words in a contract: ‘It is axiomatic that where the provisions of any contract, including a lease, come into conflict, they are to be interpreted and applied so as to give proper effect, if possible, to both of them.’ Appeal dismissed.

Lord Justice Sedley, Lord Justice Rix
[2003] 2 P and CR 1, [2003] EWCA Civ 49, Gazette 03-Apr-2003
Bailii
England and Wales
Citing:
CitedSouthwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
CitedSaner v Bilton ChD 22-Jan-1878
In a lease of a newly constructed grain warehouse there was a covenant by the lessor that he would during the term ‘ keep the main walls and main timbers of the warehouse ‘in good repair and condition.’ The lessee entered under the lease and stored . .
CitedLyttelton Times Company Ltd v Warners Ltd PC 1906
(New Zealand) The plaintiffs owned a hotel in Christchurch, next to the premises in which the defendants operated a printing press running 24 hours. They made an agreement under which the defendants would rebuild their premises and grant a lease of . .
CitedOwen v Gadd CA 1956
The lessors had let a ground floor shop to the lessee. To repair to the first floor, they erected scaffolding. They did what they could to minimise inconvenience to the lessee. They completed the repairs within a fortnight. The scaffolding hindered, . .

Cited by:
CitedTaylor v Rive Droite Music Ltd ChD 6-Jul-2004
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.178792

Saner v Bilton: ChD 22 Jan 1878

In a lease of a newly constructed grain warehouse there was a covenant by the lessor that he would during the term ‘ keep the main walls and main timbers of the warehouse ‘in good repair and condition.’ The lessee entered under the lease and stored grain in it, in (as the Court held upon the evidence) a reasonable and proper way. After a short time a beam which supported one of the floors broke, and ultimately the external walls sank and bulged outwards, and the lessor spent a large sum in repairing the premises. In an action by the lessor to recover from the lessee what he had thus expended.
Held: that the lessee had not been guilty of waste.
Held: also, that the lessor was bound under his covenant to put the walls and main timbers in good repair, having regard to the class of buildings to which the warehouse belonged, and not merely to the condition of the particular building.
Held: also, that the covenant implied a license by the tenant to the landlord to enter upon the premises for a reasonable time for the purpose of executing the necessary repairs.
The lease contained a proviso that, in case the warehouse, or any part thereof, should at any time during the term ‘ be destroyed or damaged by fire, flood, storm, tempest, or other inevitable accident,’ the rent, or a just proportion thereof, should cease or abate so long as the premises should continue wholly or partly untenantable or unfit for use or occupation in consequence of such destruction or damage. During the period in which the lessor was executing the repairs the lessee was excluded from the use and occupation of the whole or a part of the premises, and he claimed an abatement of rent under the proviso.
Held: that the words ‘inevitable accident’ imported something ejusdem generis with what had been previously mentioned, and did not apply to that which, though not avoidable so far as the lessee was concerned, was not in its nature inevitable, but resulted from the default of the lessor, and that the lessee was not entitled to an abatement of rent.
A lessor’s covenant to do structural repairs carried an implied licence to enter for that purpose. Fry J said: ‘It is further said that the construction of the covenant, as carrying with it an implied licence to enter, is inconsistent with the lessor’s covenant for quiet enjoyment. I do not think it is, and for this reason, that the covenant for quiet enjoyment, if read as absolutely unqualified, is as inconsistent with an entry on the warehouse for a single moment as it is with an occupation for a month or a year . . I think the covenant for quiet enjoyment must be read as subject to the licence which I have held to be implied in the covenant to repair.’

Fry J
(1878) 7 Ch D 815, [1878] UKLawRpCh 27
Commonlii
England and Wales
Cited by:
CitedGoldmile Properties Limited v Speiro Lechouritis CA 29-Jan-2003
The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.182775

Elleray v Bourne and Others, Re Cummings Hall Lane (Park Homes – Sale): UTLC 12 Jan 2018

PARK HOMES – SALE – payment of commission to site owner by buyer – claim against seller for reimbursement of overpaid commission – whether commission payable out of agreed sale price or in addition to it – Mobile Homes (Selling and Gifting) (England) Regulations 2013 – appeal dismissed

[2018] UKUT 3 (LC)
Bailii
Mobile Homes (Selling and Gifting) (England) Regulations 2013
England and Wales

Landlord and Tenant

Updated: 27 January 2022; Ref: scu.602929

Thomas Homes Ltd v MacGregor: UTLC 14 Nov 2016

UTLC LANDLORD AND TENANT – service charges — drafting error in lease apparently entitling landlord to recover about 3000% of relevant expenses — no application yet made for variation under Landlord and Tenant Act 1987 section 35 and following — amount recoverable by way of on account payments in respect of service charge — Landlord and Tenant Act 1985 section 19(2)

[2016] UKUT 495 (LC)
Bailii
Landlord and Tenant Act 1987 35
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571764

London Borough of Southwark v Proktor: UTLC 14 Nov 2016

UTLC LANDLORD AND TENANT – Service Charges – non-compliance with contractual procedure – estimate for the purposes of obtaining on account payments omitting to include any element regarding major works – whether landlord entitled to rely on the estimate to recover on account payments towards ordinary service charge expenses

[2016] UKUT 504 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571763

Mallory and Others v Orchidbase Ltd: UTLC 2 Nov 2016

UTLC LEASEHOLD ENFRANCHISEMENT – Premium – Leasehold Reform, Housing and Urban Development Act 1993 Schedule 13, Part II – unimproved freehold value – existing lease value – relativity – transactional evidence – relativity graphs – transactional evidence preferred – premium determined at andpound;21,908

[2016] UKUT 468 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571441

4-6 Trinity Church Square Freehold Ltd v The Corporation of The Trinity House of Deptford Strond: UTLC 8 Nov 2016

UTLC LEASEHOLD ENFRANCHISEMENT – COLLECTIVE ENFRANCHISEMENT – leases conferring revocable right to use garden – respondent offering revocable rights in lieu of acquisition of freehold of garden – competing requirements of permanence and equivalence – s.1(4)(a) Leasehold Reform, Housing and Urban Development Act 1993

[2016] UKUT 484 (LC)
Bailii
Leasehold Reform, Housing and Urban Development Act 1993 1(4)(a)
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571438

Saint v Kightley: UTLC 31 Oct 2016

UTLC LANDLORD AND TENANT – rent determination – fair rent – sufficiency of reasons for First-tier Tribunal’s decision on open market rent and adjustments for condition and improvements – s.70 Rent Act 1977 – appeal allowed

[2016] UKUT 459 (LC)
Bailii
Rent Act 1977 70
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571436

The Portman Estate Nominees (One) Ltd and Another v Starlight Headlease Ltd: UTLC 1 Nov 2016

UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – flat and parking space held on separate leases and intermediate leases – division of landlord’s share of marriage value – para. 10(2), Sch 13, Leasehold Reform, Housing and Urban Development Act 1993 – s. 3, Human Rights Act 1998 – Art. 1 of the First Protocol to the European Convention on Human Rights – appeal dismissed

[2016] UKUT 467 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571443

Octagon Overseas Ltd and Another v Various Leaseholders: UTLC 1 Nov 2016

UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – application for stay of appointment and for permission to appeal – standard to be applied to proposed appeals against discretionary decisions – use of first-tier tribunal’s power to give directions to manager or to amend order – s.24, Landlord and Tenant Act 1987 – applications refused

[2016] UKUT 470 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571442

Gateway Property Holdings Ltd v Westwood (Colchester) Rtm Co Ltd: UTLC 3 Nov 2016

UTLC LANDLORD AND TENANT – service charges – payment of accrued uncommitted service charges to RTM company – whether wrongly posted management charge correctly calculated by FTT – appeal allowed – s.94 Commonhold and Leasehold Reform Act 2002

[2016] UKUT 489 (LC)
Bailii
Commonhold and Leasehold Reform Act 2002 94
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571440

87 St George’s Square Management Ltd v Whiteside: UTLC 10 Oct 2016

UTLC LANDLORD AND TENANT – administration charge – leasehold covenant requiring tenant to pay landlord’s costs of enforcement proceedings – determination of service charge liability by F-tT – partially successful application for costs under rule 13 – whether costs may subsequently be claimed as a contractual administration charge – appeal allowed

[2016] UKUT 438 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571430

Avon Freeholds Ltd v Garnier: UTLC 31 Oct 2016

UTLC LANDLORD AND TENANT – Administration charge – charge made by landlord for entering into a deed granting retrospective consent to alterations to a flat – whether administration charge had been agreed or admitted by tenant – Commonhold and Leasehold Reform Act 2002 Schedule 11 paragraph 5

[2016] UKUT 477 (LC)
Bailii
Commonhold and Leasehold Reform Act 2002
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571431

Jarowicki v Freehold Managers (Nominees) Ltd: UTLC 12 Oct 2016

UTLC LANDLORD AND TENANT – service charges – responsibility of first-tier tribunal to determine amount payable – need for transparency and clarity – s27A Landlord and Tenant Act 1985 – appeals allowed

[2016] UKUT 435 (LC)
Bailii
Landlord and Tenant Act 1985 27a
England and Wales

Landlord and Tenant

Updated: 26 January 2022; Ref: scu.571433

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 appealed. The landlords argued that the usual requirement for such a notice to be given by the person in whom the reversionary estate is vested did not apply to an agricultural tenancy.
Held: The court rejected that argument. Distinguishing Scribes, West, the argument under section 141 of the 1925 Act failed also.

Norris J
[2016] EWHC 2454 (Ch), [2016] WLR(D) 519
Bailii, WLRD
Land Registration Act 2002 27(10, Agricultural Holdings Act 1986 96, Law of Property Act 1925 141(2), Land Registration Act 2002 24
England and Wales
Citing:
CitedStait v Fenner 1912
The lease to Fenner contained a break clause. The lease was legally assigned to X and then to Y. Y then agreed to assign back to Fenner (but no formal assignment was entered). Fenner then ‘assigned’ to Z (the contract saying that he was not obliged . .
CitedSchalit v Joseph Nadler Ltd CA 1933
Mr Nadler was a lessee of property, part of which he sublet to the plaintiff. In 1931 he made a declaration of trust, under which he declared that the property was held in trust for his company, Joseph Nadler Ltd. Shortly after the company purported . .
CitedFreeman v Hambrook 1947
. .
CitedThompson v McCullough CA 1947
Thompson had agreed to buy a tenanted property, had paid part of the purchase price, and had received a conveyance in escrow pending payment of the balance. He at that point gave McCullough notice to quit. Two months later Thompson paid the balance . .
CitedLever Finance Ltd v Needleman’s Trustee ChD 1954
In a mortgage, the transferee of a registered charge appointed a receiver during the ‘registration gap’.
Held: Until registration the transferee could not exercise the statutory power to appoint a receiver. . .
CitedSmith v Express Dairy Limited ChD 1954
Express Dairy (as registered owner) let a shop to Smith, but then transferred its interest to a subsidiary company. The subsidiary did not become registered as owner but nonetheless served notice to quit on Smith.
Held: Unless the subsidiary . .
CitedDivall v Harrison CA 1992
A notice to quit the agricultural land had been given in the name of the residuary beneficiary, not in the name of the executors in whom the reversion was still vested.
Held: The notice was invalid. The residuary beneficiary was not the . .
CitedRenshaw v Magnet Properties South East LLP 2008
(Central London County Court) . .
CitedLankester and Son Ltd v Rennie and Another CA 2-Dec-2014
The transfer of a lease remained unregistered.
Held: The court acknowledged the importance of not confusing the equitable rights as between transferor and transferee with the legal rights as between landlord and tenant. . .
DistinguishedScribes 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 . .

Lists of cited by and citing cases may be incomplete.

Registered Land, Landlord and Tenant, Agriculture

Updated: 24 January 2022; Ref: scu.570346

Holding and Management (Solitaire) Ltd v Sherwin: UTLC 10 Dec 2010

UTLC LANDLORD AND TENANT – service charges – limitation on service charges where costs incurred more than 18 months before demand – advance payments and balancing charges – held no limitation on advance payments – held no limitation on balancing charges since relevant costs incurred less than 18 months before demand – appeal allowed – Landlord and Tenant Act 1985 s 20B

[2010] UKUT 412 (LC)
Bailii
Landlord and Tenant Act 1985 20B
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569615

Cadogan Square Properties Ltd v Cadogan: UTLC 3 Dec 2010

UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – deferment rate – leases under 20 years unexpired – prime central London – alternative methods of determination considered – net rental yield and formula based methods rejected – determined by exercise of valuation judgment

[2010] UKUT 427 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569614

Moskovitz and Others v 75 Worple Road RTM Company Ltd: UTLC 27 Oct 2010

LANDLORD AND TENANT – right to manage – claim notice – validity – contents of claim notice – whether date specified for response too early – held that it was – whether notice inavalid as consequence – held that it was – appeal allowed – Commonhold and Leasehold Reform Act 2002, ss 79, 80 and 81

[2010] UKUT 393 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569603

Peverel OM Ltd v Wernick and Another: UTLC 15 Nov 2010

LANDLORD AND TENANT – service charges – appeal by way of rehearing following review of LVT decision – concierge and on-costs 2005/6 – appeal dismissed – miscellaneous items 2005/6 – appeal allowed – figure determined by LVT increased from andpound;13,052.41 to andpound;15,884.36.

N J Rose FRICS
[2010] UKUT 402 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569612

Leaseholders of Foundling Court and O’Donnell Court v The London Borough of Camden and Others: UTLC 10 Aug 2016

UTLC LANDLORD AND TENANT – SERVICE CHARGES – preliminary issues – major work to be undertaken by head landlord – whether duty to consult falls on head landlord or intermediate landlord – long term qualifying agreement – case management applications

[2016] UKUT 366 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569586

23 Dollis Avenue (1998) Ltd v Vejdani and Another: UTLC 16 Aug 2016

UTLC LANDLORD AND TENANT – service charges – house converted into four flats – management company – validity of s20 Notice –reasonableness of amounts claimed – amounts reduced to exclude elements not specified in s20 Notice – appeal allowed in part

[2016] UKUT 365
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569581

Cannon and Another v 38 Lambs Conduit Llp: UTLC 11 Aug 2016

UTLC LANDLORD AND TENANT – Service Charges- failure of demand to comply with section 47 Landlord and Tenant Act 1987 – whether legal costs of tribunal proceedings and costs of surveyor recoverable pursuant to service charge clause in lease- reimbursement of tribunal fees – appeal allowed in part

[2016] UKUT 371 (LC)
Bailii
Landlord and Tenant Act 1987 47
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569583

Admiralty Park Management Company Ltd v OJO: UTLC 20 Sep 2016

UTLC LANDLORD AND TENANT – SERVICE CHARGES – failure to comply with contractual method of calculation – no objection by tenant – whether service charge payable – estoppel by convention – whether first-tier tribunal entitled to raise issue not previously relied on by tenant – procedural fairness – appeal allowed

[2016] UKUT 421 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 23 January 2022; Ref: scu.569589

Chouhan v The Earls High School: UTLC 15 Sep 2016

UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and so precluded reference of proposed new rent to tribunal – whether mere statement of tenants’ rights – ss 13-14, Housing Act 1988 – appeal dismissed

[2016] UKUT 405 (LC)
Bailii
England and Wales

Landlord and Tenant, Housing

Updated: 23 January 2022; Ref: scu.569590

Cowling v Worcester Community Housing Ltd: CA 3 Dec 2015

Renewed application by Mrs Cowling for permission to appeal against an order allowing in part Mrs Cowling’s appeal against the decision ordering her to give possession of the dwelling-house in Worcester, and to pay arrears of service charge amounting in total to andpound;511.51.

Lindblom LJ
[2015] EWCA Civ 1624
Bailii
England and Wales

Landlord and Tenant

Updated: 22 January 2022; Ref: scu.568846

Sir John Smith, Knight v Thomas Starling Day And Henry Framlingham Day, Executors Of Sir Haylett Framlingham, Deceased: 1837

An executor, after payment of all the debts of which he had notice, invested certain parts of the residue of the testator’s personal estate remaining in his hands, in the funds in his own name, received the dividends, arid paid them over to the legatees in satisfaction of their legacies given by the will :-Held, that under these circumstances, the executor could not sustain a plea of plene acministravit to an action brought against him, 15 years after the testator’s death, for a specialty debt of the testator, of which he had had no notice. Where A, being seised in fee, leased premises to E for 61 years, and afterwards granted a lease to C of the same premises, to commence at the expiration of the 61 years :–Held, that, by the lease to C, A did not part with his reversion, so as to disentitle him to distrain for rent due from E, under his lease.

[1837] EngR 284, (1837) 2 M and W 684, (1837) 150 ER 931
Commonlii
England and Wales

Wills and Probate, Landlord and Tenant

Updated: 22 January 2022; Ref: scu.313401

Regina v Yuthiwattana: CACD 1984

The defendant appealed against his convictions under the 1977 Act.
Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, including in this casse an omission to act, complained of were calculated to interfere with the peace and comfort of the occupier and done with the intention of causing him to leave. In this case, the landlord’s failure to replace a lost key was found to be an ‘act’ of harassment against a tenant.

[1984] 128 SJ 661, [1984] Crim LR 562
Protection from Eviction Act 1977 1(2) 1(3)
England and Wales
Citing:
CitedWhitley v Stumbles HL 1930
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long . .
CitedBracey v Read 1963
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of . .

Cited by:
CitedNational Trust for Places of Historic Interest Or Natural Beauty v Knipe and Knipe CA 15-May-1997
The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the . .
UpheldRegina v Burke HL 24-May-1990
The defendants appealed against their conviction under the 1977 Act.
Held: To amount to harrassment, the actions complained of need not be such as would give rise of themselves to civil or criminal action. . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Crime

Updated: 22 January 2022; Ref: scu.245852

Ahmed and Others v Murphy: Admn 10 May 2010

The landlords appealed against the maximum fair rent for premises as set by the Rent Assessment Committee. It had been found to be a capped rent, and set at andpound;8.50 per week. The landlords had wanted above andpound;140.00. The tenant was a protected tenant.
Held: The tenancy was a weekly furnished tenancy granted in 1974 after statutory protection was extended to furnished tenancies. It remains subject to the statutory regime for both protection and rent regulation that is applicable to such tenancies currently set out in the Rent Act 1977. The landlords said that the tenant having refused access to carry out improvements, the rent should be set on the basis that they had been carried out, applying the execption in section 70 of the 1977 Act. However there was no sufficient evidence of access being requested or refused.

Thornton J QC
[2010] EWHC 453 (Admin)
Bailii
The Rent Acts (Maximum Fair Rent) Order 1999, Rent Act 1977 70
England and Wales

Landlord and Tenant, Housing

Updated: 22 January 2022; Ref: scu.412275

Matania v National Provincial Bank Ltd: ChD 1935

The plaintiff, a professor of singing, took a lease of one second floor of a building to carrying on his profession on the demised premises. After taking possession he began giving singing lessons. The landlord then, knowing of his use of the premises, let the first floor of the building to a different tenant authorised that new tenant in the lease, to make structural alterations, the effect which was to make it impossible for the plaintiff to carry on his profession for a period of three months.
Held: In consenting to the works on the first floor the landlord had breached the covenant for quiet enjoyment under the lease of the second floor. Charles J said: ‘The alterations in the present case continued from March to July, and during that time . . the premises were rendered uninhabitable and the physical enjoyment of those premises was completely destroyed. I find that under these circumstances the landlords have been guilty of a breach of the covenant for quiet enjoyment.’

Charles J
[1935] All ER Rep 923
England and Wales
Cited by:
Appeal fromMatania v National Provincial Bank Ltd CA 1936
The plaintiff was a professor of singing who had taken a lease of the second floor of a building for the purpose of carrying on his profession on the demised premises. After he had gone into possession and begun to give singing lessons, the landlord . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 January 2022; Ref: scu.517378

Matania v National Provincial Bank Ltd: CA 1936

The plaintiff was a professor of singing who had taken a lease of the second floor of a building for the purpose of carrying on his profession on the demised premises. After he had gone into possession and begun to give singing lessons, the landlord (who knew of his use of the premises) granted a lease of the first floor of the building to a different tenant and authorised him, under the terms of his lease, to execute various structural alterations. The effect of the works was to make it impossible for the plaintiff to carry on his profession for a period of three months.
Held: There is vicarious liability for independent contractors in cases of nuisance, particularly where no steps are taken to avoid the nuisance.
Slesser J approved the statement: ‘the law will never adjudge that a lessor covenants against the wrongful acts of strangers, except his covenant is expressed to that purpose; for the law itself does defend every man against wrong, and therefore though one warrants land to another expressly, yet he does not defend against tortious entries.’ (Williams’ Notes to Saunders’ Reports, Vol 2 at page 525)

Slesser and Romer LJJ and Finlay J
[1936] 2 All ER 633
England and Wales
Citing:
Appeal fromMatania v National Provincial Bank Ltd ChD 1935
The plaintiff, a professor of singing, took a lease of one second floor of a building to carrying on his profession on the demised premises. After taking possession he began giving singing lessons. The landlord then, knowing of his use of the . .

Cited by:
CitedHiscox Syndicates Ltd and Another v The Pinnacle Ltd and others ChD 25-Jan-2008
The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land.
Held: The injunction should be granted. . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Landlord and Tenant

Updated: 22 January 2022; Ref: scu.266302

Appah v Parncliffe Investments Ltd: CA 1964

The test of whether a person is a lodger, as opposed to a sub-tenant, must be determined by the degree of control retained by the householder over the rooms which the lodger occupies.

Davies LJ
[1964] 1 WLR 1064, [1964] 1 All ER 838
England and Wales
Citing:
CitedAllan v Liverpool Overseers 1874
The court was asked whether a steamship company was liable to be rated in respect of its occupation of sheds which it occupied under a licence from the Mersey Docks and Harbour Board. The court noted that liability for rates fell only on a person . .

Cited by:
CitedManchester Airport Plc v Dutton and others CA 23-Feb-1999
The claimant sought an order requiring delivery of possession of land occupied by the respondent objectors. They needed to remove trees from the land in order to construct a runway on their own adjacent land. The claimant had been granted a licence . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 January 2022; Ref: scu.247614

Owen v Gadd: CA 1956

The lessors had let a ground floor shop to the lessee. To repair to the first floor, they erected scaffolding. They did what they could to minimise inconvenience to the lessee. They completed the repairs within a fortnight. The scaffolding hindered, but did not prevent, access to the lessee’s premises. It obscured his display of wares to some extent. A contractual provision denied the plaintiff an action for nuisance.
Held: The award of only nominal damages to the tenant was upheld. There could be a breach of the covenant for quiet enjoyment without an actual physical interruption into or upon demised premises on the part of the landlord. For there to be a case of interference with quiet enjoyment, there must be substantial physical interference with the enjoyment of the premises. ‘The question whether the quiet enjoyment of the premises demised has been interrupted or not is in every case one of fact; and the covenant is broken although neither the title to the land nor the possession of the land may be otherwise affected, where the ordinary and lawful enjoyment is substantially interfered with by the acts of the lessor or of those lawfully claiming under him.’
Lord Evershed MR said: ‘It was said by Mr. Chapman that we must further qualify the language of Fry L.J. and that there could be no breach of the covenant for quiet enjoyment unless there was what he called an actual physical irruption into or upon the premises demised on the part of the landlords or some persons authorized by them by their actually entering upon or invading the premises, or by, e.g., the irruption thereon of water emitted from the landlords’ premises elsewhere. In my judgment, that submission is not justified by the authorities. I do not think that there is any sufficient warrant for such a limitation [upon the statements of Fry LJ in Sanderson v Mayor of Berwick-on-Tweed (1884) 13 QBD 547]. Concluding, therefore, as I do, that in this case the judge was entitled to find as a fact that the interference was substantial and that there was no principle of law which disqualified him from concluding as he did, I think that this appeal must fail . .’
Whilst agreeing, Romer LJ said: ‘Then comes the question whether the degree of interruption be such as to constitute a ground for legal complaint or whether it should be merely dismissed on the ground of its being of a temporary character or on the ground of de minimis. That appears to me to be essentially a question of fact to be determined by the judge who tries the action . . I cannot see that the judge’s finding should be displaced by the considerations on which Mr Chapman relied, which may be summarized in this way: that the work of external repair which the lessors put in hand was reasonably necessary, that it was efficiently done and was done with all reasonable speed. I do not think that those considerations are really relevant to the question of whether there has been a breach of the tenant’s contractual rights under the covenant for quiet enjoyment . .’

Lord Evershed MR, Romer LJ, Birkett LJ
[1956] 2 QB 99
England and Wales
Cited by:
CitedGoldmile Properties Limited v Speiro Lechouritis CA 29-Jan-2003
The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 January 2022; Ref: scu.182776

Chiswell v Griffon Land and Estates Ltd: CA 1975

Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by ‘personal’ service or by leaving the notice at the last-known place of abode, or by sending it through the post in a registered letter, or (as now applies) in a recorded delivery letter. If any of those methods are adopted, they being the primary methods laid down, and, in the event of dispute, it is proved that one of those methods has been adopted, then sufficient service is proved. Thus, if it is proved, in the event of dispute, that a notice was sent by recorded delivery, it does not matter that that recorded delivery letter may not have been received by the intended recipient. It does not matter, even if it were to be clearly established that it had gone astray in the post. There is the obvious, simple way of dealing with a notice of this sort. But, as I think may be assumed for the purposes of this appeal, if the person who gives the notice sees fit not to use one of those primary methods, but to send the notice through the post, not registered and not by recorded delivery, that will nevertheless be good notice, if in fact the letter is received by the person to whom the notice has to be given. But a person who chooses to use that method instead of one of the primary methods is taking the risk that, if the letter is indeed lost in the post, notice will not have been given.’

Megaw LJ
[1975] 1 WLR 1181
Landlord and Tenant Act 1927 23
England and Wales
Cited by:
CitedBeanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . .
CitedC A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the . .
CitedRailtrack Plc v Gojra and Gojra CA 28-Nov-1997
The tenant served two notices under the Act.
Held: The tenant’s application was out of time. If the first notice was valid, a later notice did not act to restart time running and the application for a new tenancy had to be begun within four . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 January 2022; Ref: scu.182408

Hussain v Mehlman: CC 5 Mar 1992

(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory breach of the lease.
Held: Normal contractual principles can be applied to leases, since a lease is only a contract which creates an interest in land. A lease could be brought to an end by the tenant’s acceptance of a repudiatory breach by the landlord: ‘the defendant’s conduct, in the classic language, evinced an intention not to be bound by the implied covenant to repair. The breach, in my judgment, vitiated the central purpose of the contract of letting. ‘

Mr Assistant Recorder Sedley QC
[1992] 2 EGLR 287, [1992] 32 EG 59, [1992] EW Misc 1
Bailii
Landlord and Tenant Act 1985 11
England and Wales
Citing:
No longer bindingTotal Oil Great Britain Ltd v Thompson Garages (Biggin Hill) Ltd CA 1972
The defendants held a lease from the plaintiffs of a garage, the lease containing a solus-site agreement, preventing the defendants from selling any petrol but the plaintiffs’ and requiring the defendants to pay for petrol on delivery. The . .
CitedEdwards v Etherington 1825
The defendant had been the tenant of a house from year to year. He left without notice, saying that the walls were dilapidated to the point of being unsafe. On a Nisi Prius, these facts were held to be an answer to an action by the landlord for use . .
CitedArden v Pullen ExcC 1842
The tenancy contained a repairing covenant but the tenant left the house saying that subsidence had caused it to become flooded.
Held: He remained liable to pay the rent.
Lord Abinger CB said: ‘I am of opinion that, unless there has been . .
CitedCollins v Barrow 1831
The defendant held property under a three-year lease with a covenant to keep the premises in tenantable repair. He abandoned it without notice after nine months. He now defended an action for the subsequent rent, saying that the house had become . .
CitedCocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
CitedSmith v Marrable 1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
CitedBaker v Holtpzapffel 1811
A tenant was obliged to continue paying rent even though the house he rented was burned down through no fault of the landlord. . .
CitedKillick v Roberts CA 1991
The landlord claimed that the tenancy had expired by effluxion of time. The tenant alleged that the tenancy was a protected tenancy and that, since no written notice had been served on him pursuant to Case 13, he was a statutory tenant entitled to . .
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
CitedIzon v Gorton 8-May-1839
The tenanted premises had been destroyed by accidental fire. The tenant objected to continuing to pay rent.
Held: The rent was payable.
Tindal CJ said: ‘The cases referred to in the argument, in which the tenant has been allowed to . .
CitedWilson v Lord Finch Hatton CExC 1877
It was said that the premises had previously been occupied by someone with measles and were therefore not fit for human habitation.
Held: A term of fitness for occupation was implied into a lease of furnished premises at its commencement and . .
CitedWalker v Hobbs and Co 1889
The tenant brought an action under section 12 on the term, saying the property was not fit for human habitation.
Held: Lord Coleridge CJ said: ‘It is admitted that the ceilings were in a dangerous condition, and therefore that the rooms were . .
CitedCH Bailey Ltd v Memorial Enterprises Ltd CA 1974
The court considered the construction of a rent review clause in a lease. Lord Denning MR said: ‘So I think these rent review clauses are to be construed according to their natural meaning. The clause in the present case says that the increased . .
CitedNewham London Borough v Patel 1978
Section 189 of the Housing Act, which compels a local authority to serve a repair notice wherever they are satisfied that a house is unfit within the meaning of section 604, unless the house is beyond repair, may result in the lawful service of . .
CitedUnited Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .
CitedO’Brien v Robinson HL 19-Feb-1973
The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants.
Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ . .
CitedStaves v Leeds City Council CA 4-Oct-1990
Ewbank J said: ‘It has been conceded in this case, as in earlier cases, that the internal plasterwork is part of the structure of the house.’
Lloyd LJ said: ‘Once it was conceded, as it was, that the plaster was part of the structure it follows . .
CitedQuick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
CitedWycombe Health Authority v Barnett CA 1982
A student tenant left the property for a few days. Whilst she was away, the pipes froze, cracked, and then burst. The landlord complained that he had neither turned off the water, nor lagged the pipes.
Held: The tenant had no such obligation . .
CitedLiverpool City Council v Irwin HL 31-Mar-1976
The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in . .
CitedHammersmith and Fulham London Borough Council v Monk HL 5-Dec-1991
One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed . .
CitedNational Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
CitedCalabar Properties Ltd v Stitcher CA 1983
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 . .
CitedLubren v Lambeth London Borough Council CA 1987
The court gave broad approval of a median figure of andpound;1,000 damages a year to be awarded to a tenant for a five-year deterioration of premises from habitable to ‘appalling’. . .

Cited by:
CitedBroadway Investments Hackney Ltd v Grant CA 20-Dec-2006
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to . .
CitedReichman and Another v Beveridge CA 13-Dec-2006
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 . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 January 2022; Ref: scu.245879

Welby and Another v Casswell: QBD 28 Mar 1994

To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings.

Times 01-Apr-1994, Ind Summary 28-Mar-1994
Agricultural Holdings Act 1986 36
England and Wales
Citing:
Appealed toWelby and Another v Casswell CA 14-Apr-1995
A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities.
Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked . .

Cited by:
Appeal fromWelby and Another v Casswell CA 14-Apr-1995
A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities.
Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked . .

Lists of cited by and citing cases may be incomplete.

Agriculture, Landlord and Tenant

Updated: 20 January 2022; Ref: scu.90365

No1 West India Quay (Residential) Ltd v East Tower Apartments Led: CA 21 Feb 2018

The long lessee of a flat applies to the landlord for consent to assign. The landlord is not entitled unreasonably to refuse consent. The landlord refuses consent on three grounds. Of those three grounds, two are reasonable; the third is unreasonable. Is the refusal of consent valid?

Lord Justice Lewison
[2018] EWCA Civ 250, [2018] WLR(D) 161, [2018] 1 WLR 5682, [2018] L and TR 18, [2018] HLR 20
Bailii, WLRD
England and Wales

Landlord and Tenant

Updated: 20 January 2022; Ref: scu.605313

Roundlistic Ltd v Jones and Another: UTLC 7 Jul 2016

UTLC LANDLORD AND TENANT – alleged breach of covenant – Commonhold and Leasehold Reform Act 2002 Section 168 – construction of covenant – whether a breach had occurred – whether landlord had become estopped from relying upon the covenant or had waived the right to do so – whether covenant unenforceable as being an unfair contract term

[2016] UKUT 325 (TCC)
Bailii
Commonhold and Leasehold Reform Act 2002 168
England and Wales

Landlord and Tenant

Updated: 20 January 2022; Ref: scu.567338

Willow Court Management Company (1985) Ltd v Alexander: UTLC 21 Jun 2016

UTLC LANDLORD AND TENANT – FTT procedure – power to award costs for unreasonable conduct of proceedings – s.29, Tribunals, Courts and Enforcement Act 2007 – Rule 13(1)(b) Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – appeals allowed

[2016] UKUT 290 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 20 January 2022; Ref: scu.567334

Billson v Tristem: ChD 1999

Rattee J
[2000] LandTR 220
England and Wales
Cited by:
Appeal fromBillson; Findlay and Dr Ker (Trustees of the Gunter Estate) v Tristrem CA 4-Aug-1999
The tenant sought leave to appeal. Her landlord sought to recover a service charge. She said that under the lease the only element recoverable was in respect of the parts used by the flat in common with other flats in the building. As a basement . .
CitedCampbell v Daejan Properties Ltd CA 20-Nov-2012
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 20 January 2022; Ref: scu.471573