Category: Landlord and Tenant

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 12 Jun 2009

Application for leave to continue request for new lease on insolvency of the landlord. The administrators opposed wanting to put together a scheme for the redevelopment of the premises.
Held: Permission was granted.

Judges:

Judge Purle QC

Citations:

[2009] EWHC 2384 (Ch), [2010] L and TR 8, [2009] 48 EG 104

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant, Insolvency

Updated: 19 October 2022; Ref: scu.375617

Liverpool and Lancashire Properties Limited and Another v Lunn Poly Ltd and Another: CA 15 Mar 2006

Where a tenant successfully obtained relief from forfeiture, and compensatory damages were payable under the 1858 Act in lieu of an injunction, and had assigned the lease for a profit the court could exceptionally use its equitable jurisdiction to either revalue the property at a different date, or direct that a specific post-valuation event must be allowed for, so as to ensure that any windfall was taken into account.
Neuberger LJ said: ‘Given that negotiating damages under [Lord Cairns’] Act are meant to be compensatory, and are normally to be assessed or valued at the date of breach, principle and consistency indicate that post-valuation events are normally irrelevant; but, given the quasi-equitable nature of such damages, the judge may, where there are good reasons, direct a departure from the norm either by selecting a different valuation date or by directing that a specific post-valuation date event be taken into account’.

Judges:

Auld, Scott Baker, Neuberger LJJ

Citations:

Times 18-Apr-2006, [2006] EWCA Civ 430, [2006] 25 EG 210, [2006] 12 EG 222, [2007] L and TR 6, [2006] 2 EGLR 29

Links:

Bailii

Statutes:

Chancery Amendment Act 1858

Jurisdiction:

England and Wales

Cited by:

Cited – Tamares (Vincent Square) Ltd. v Fairpoint Properties (Vincent Square) Ltd ChD 8-Feb-2007
The defendant had been found liable for infringing the claimant’s right of light. The court considered the proper measure of damages.
Held: The court should ask what might be the fair result of a hypothetical negiation for the sale of the . .
Cited – Star Energy Weald Basin Ltd and Another v Bocardo Sa SC 28-Jul-2010
The defendant had obtained a licence to extract oil from its land. In order to do so it had to drill out and deep under the Bocardo’s land. No damage at all was caused to B’s land at or near the surface. B claimed in trespass for damages. It now . .
Cited – 32Red Plc v WHG (International) Ltd and Others ChD 12-Apr-2013
The court had found trade mark infringement by the defendant and now considered the quantification of damages. . .
Cited – Morris-Garner and Another v One Step (Support) Ltd SC 18-Apr-2018
The Court was asked in what circumstances can damages for breach of contract be assessed by reference to the sum that the claimant could hypothetically have received in return for releasing the defendant from the obligation which he failed to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 19 October 2022; Ref: scu.240431

Staves 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 that there was a breach of the condition implied by section 11(1)(a) of the Landlord and Tenant Act 1985.’

Judges:

Ewbank J, Lloyd LJ

Citations:

Unreported, October 4 1990

Statutes:

Landlord and tenant Act 1985 11

Jurisdiction:

England and Wales

Cited by:

Cited – 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 October 2022; Ref: scu.258842

Wainwright v Leeds City Council: CA 1984

The court considered the landlord’s covenant for repair of residential property.
Held: The installation of a damp-course in property which did not previously have one was not a repair: ‘applying the facts of that case to the facts of this case, the tenant in this case took a house without a damp-proof course. What he is asking from the landlord is a house with a damp-proof course, which is a different thing to the house which was the subject of the demise.’
The fact that a landlord is a local authority which is discharging a social purpose in providing housing for people who cannot afford it does not make the burden of the covenant greater on that landlord than it would be on any other landlord. The construction of the covenant must be the same whether it is implied as a local authority’s covenant in a tenancy of a council house or is expressly included as a tenant’s or landlord’s covenant in a private lease which is outside section 32.

Judges:

Dunn LJ

Citations:

[1984] 1 EGLR 67, (1984) 270 EG 1289

Jurisdiction:

England and Wales

Citing:

Applied – Pembery v Lamdin CA 1940
There was an obligation on the landlord to keep the premises in repair in the condition in which they were demised. The premises were ground floor and basement premises which were let for the purpose of providing accommodation for the public for . .

Cited by:

Cited – Eyre and others v McCracken CA 10-Mar-2000
The court considered the tenant’s covenant to repair in the context of a need for a damp course: ‘I have regard to the age, (over 150 years) and the design of the building. It has no damp-proof course . . I bear in mind the limited interest of the . .
Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a . .
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 October 2022; Ref: scu.235458

Rainbow Estates Ltd v Tokenhold Ltd and Another: CA 21 Mar 2001

Citations:

[2001] EWCA Civ 441

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Rainbow Estates Ltd v Tokenhold Ltd and Another ChD 12-Mar-1998
There is no current common law bar preventing enforcement of a Landlord’s repair covenant by specific performance and this must be mirrored for the tenant’s obligations also. . .

Cited by:

Cited – Rainbow Estates Ltd v Tokenhold Ltd and others CA 7-Jun-2001
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 October 2022; Ref: scu.200924

Vivienne Westwood Ltd v Conduit Street Development Ltd: ChD 27 Feb 2017

The court considered the effect of a side letter, made between a tenant and a landlord at the same time as the grant of a lease, and the payment and acceptance of rent pending a review of rent payable under the lease. The issues are whether a review of the rent payable was impliedly agreed by the payment and acceptance of rent at an increased rate, and whether the terms of the side letter entitling the landlord to terminate its effect are unenforceable as a contractual penalty.

Judges:

Mr Fancourt QC

Citations:

[2017] EWHC 350 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Contract

Updated: 15 October 2022; Ref: scu.581324

Cawthorne and others v Hamdan: LT 21 May 2008

LT LEASHOLD ENFRANCHISEMENT – collective enfranchisement – price payable – parties’ valuers preparing a statement of agreed facts which contained incorrect information – correct information particularly within the Respondent’s knowledge – whether Appellants bound by what was agreed in the statement – price payable amended on appeal to reflect correct information.

Citations:

[2008] EWLands LRA – 22 – 2003

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 14 October 2022; Ref: scu.270493

San Marino Estates Ltd and others v Peveral Om Ltd: LT 21 May 2008

LT LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A -incorrect allocation of charges for gas central heating between lessees of a building -overcharged lessees entitled to seek a determination as to how much payable by them without being required to prove the amount payable by each of the undercharged lessees.

Citations:

[2008] EWLands LRX – 60 – 2007

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 14 October 2022; Ref: scu.270497

Trafford Metropolitan Borough Council v Total Fitness UK Ltd: CA 18 Oct 2002

The landlord served a notice to quit. It gave a date calculated by reference to the notice period, but then stated the date on which it expired. Under the rule in Lester, the notice period only began on the day after service, and that resulted in a different date for termination. The landlord appealed a decision that it was ineffective as ambiguous.
Held: The court had to find the true meaning of the notice, which would in turn carry the meaning which a reasonable reader would apply. Here the length of notice was greater than required, and by stating the date, the notice had been clear and effective. The rule in Lester did not apply, but would have done if only the minimum had been given, or if there had been an unqualified reference to the time period.

Judges:

Lords Justice Mummery and Jonathan Parker

Citations:

Gazette 07-Nov-2002, [2002] EWCA Civ 1513

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Lester v Garland 8-Aug-1808
Bequest of residue in trust in case A shall within six months after testator’s decease give security not to marry B then and not otherwise to pay to the children of A; with a proviso to go over if she shall refuse or neglect to give such security. A . .
Applied – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Cited – Speedwell Estates Limited and Covent Garden Group Limited v Jane Rush Dalziel and others CA 31-Jul-2001
Tenants sought to purchase the freehold reversion of their properties under leasehold enfranchisement. The landlord objected that the forms were incomplete and invalid. The tenants accepted that there were defects, but asserted that these were not . .
Cited – Burman v Mount Cook Land Ltd CA 20-Nov-2001
The tenant occupied a flat under a long lease at a low rent. She was entitled to acquire the freehold on payment of a premium and after following the procedure under the Act. The landlord served a purported counter notice which did not state in . .
Distinguished – Dodds v Walker HL 1981
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later.
Held: Dismissing the tenant’s appeal, the House found that the court . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 October 2022; Ref: scu.177945

Slamon v Planchon: CA 25 Jun 2004

The claimants sought the enfranchisement of their properties in London. The freeholder claimed the benefit of the resident landlord exemption.
Held: To succeed in the defence the freeholder had to establish one continuous interest by ‘the same person’ from the time when the property was converted into flats until the time of the enfranchisement application. The defendant relied upon her mother’s actual occupation for the year prior to the notice and her own ownership. However for seome part of the intervening period, that ownership had been under a trust, and therefore the ownership was not continuous in the sense required.

Judges:

Lord Justice Peter Gibson Lord Justice Rix Lord Justice Longmore

Citations:

[2004] EWCA Civ 799, Times 28-Jul-2004, [2005] Ch 142, [2004] 4 All ER 407, [2005] 2 WLR 257

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002, Leasehold Reform Housing and Urban Development Act 1993 10

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 13 October 2022; Ref: scu.198407

Blackraven Developments Limited v Clarke, Parsons, Flanagan, Henchie: FTTPC 22 Jan 2019

Application to cancel a unilateral notice protecting a purchase agreement of office premises. The purchase agreement provided for completion 28 days after 20 December 2005 but it was not until November 2015 that the vendors served a Notice to Complete. The Notice to Complete required completion within 10 working days. The purchaser did not comply with the Notice to Complete and a Notice of Rescission was served. Held that the purchase agreement had been validly rescinded and that the unilateral notice should be cancelled. Despite being represented by Counsel, the director of the purchaser company sought and was granted permission to carry out the cross-examination of the vendor’s witnesses with Counsel subsequently making closing submissions on behalf of the purchaser company

Citations:

[2019] UKFTT 111 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 13 October 2022; Ref: scu.644507

Southall Properties Ltd v Marya: CA 1 Mar 2002

Citations:

[2002] EWCA Civ 326

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Southall Properties Ltd v Marya CA 27-Mar-2001
. .
See Also – Marya v Southall Properties Ltd CA 27-Mar-2001
Application to re-reinstate an application for permission to appeal . .
See Also – Marya v Southall Properties Ltd (Re-instatement application) CA 27-Mar-2001
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 October 2022; Ref: scu.216987

In re Wanser Ltd: 1891

A landlord of Scottish property began proceedings after a winding up order for sequestration of the company’s goods on the premises in order to answer for future rent.
Held: North J allowed the sequestration to continue, being satisfied that under Scottish law the landlord was a secured creditor at the date of commencement of the winding up, and therefore in the same position as a mortgagee Proceedings in insolvency begun without the stipulated leave should not be regarded as irretrievably null but rather as existing and capable of redemption by the late giving of leave.

Judges:

North J

Citations:

[1891] 1 Ch 305

Jurisdiction:

England and Wales

Cited by:

Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Scotland, Landlord and Tenant

Updated: 12 October 2022; Ref: scu.567273

John Smith and Company (Edinburgh) Ltd v Hill and Others: ChD 11 May 2010

Two cross-applications for summary judgment by, respectively, the first two defendants and the claimant in proceedings which, as between them, constitute a claim in nuisance by a reversioner upon a lease, against the Administrators of the reversioner’s own landlord.

Judges:

Briggs J

Citations:

[2010] EWHC 1016 (Ch), [2010] 2 BCLC 556

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Nuisance

Updated: 11 October 2022; Ref: scu.415089

Brent London Borough Council v Patel and Another: ChD 30 Nov 2000

An improvement grant made in respect of a house in multiple occupation, became repayable in whole, where the owner of the freehold took up residence in any part of the property. In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. The certificates were confusing, but the words of the section did not allow the possibility of the landlord occupying any part of the house either himself or through a member of his own family.

Citations:

Gazette 15-Dec-2000, Times 30-Nov-2000

Statutes:

Local Government and Housing Act 1989 122, 106(7)

Jurisdiction:

England and Wales

Landlord and Tenant, Planning, Housing

Updated: 11 October 2022; Ref: scu.78573

Kingston Upon Hull City Council v Superstadium Management Company Ltd: Misc 18 Sep 2015

Leeds County Court – Claim for mandatory injunctions against its tenant arising out of the terms of a tenancy of a Sports Park to the north of Anlaby Road, Kingston Upon Hull. The tenant had installed an artificial grass surface in the sports hall, restricting its use for several sports.

Judges:

Behrens HHJ

Citations:

[2015] EW Misc B29 (CC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 11 October 2022; Ref: scu.552429