Category: Landlord and Tenant

Wilbraham v Colclough and others: 1952

Citations:

[1952] 1 All ER 979

Jurisdiction:

England and Wales

Citing:

Followed – Egerton v Rutter CA 1951
A tenant of an agricultural holding died intestate leaving her son and daughter in actual possession. Almost two months after the tenant’s death and before any Grant of Letters of Administration the landlord served a notice to quit addressed to the . .

Cited by:

Cited – Railtrack Plc (In Railway Administration) v Guinness Limited CA 20-Feb-2003
The case involved an appeal from the Land’s Tribunal arbitration award setting compensation for land to be acquired. The question was whether the value should have been that acceptable to a willing seller, or to a ‘a company regulated and subsidised . .
Cited – Lodgepower Ltd v Taylor CA 22-Oct-2004
The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.218727

G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974

The tenant requested a new lease and the renewal of personal rights attached to the first lease.
Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is to give security of tenure to business tenants by, inter alia, conferring power on the court to order a new tenancy on the property comprised in ‘the holding’, and, however widely expressed, section 35 cannot, in our judgment, consistently with the scheme found in Part II, be construed to enable the court to enlarge the holding, for example, by ordering the grant of an easement over the landlord’s land or conferring rights over the landlord’s land not hitherto enjoyed.’

Citations:

[1974] 29 PandCR 126

Statutes:

Lanldord and Tenant Act 1954 35

Jurisdiction:

England and Wales

Cited by:

Approved – J Murphy and Sons Ltd v Railtrack Plc CA 29-Apr-2002
A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be . .
Applied – The Picture Warehouse Ltd v Cornhill Investments Ltd QBD 23-Jan-2008
The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.216669

Lord Newborough v Jones: CA 1974

The landlord, not finding his tenant at home, served a notice to quit by pushing it under the door of a house occupied by the tenant. The tenant claimed that the notice had disappeared below the linoleum, and had not been found for some considerable time, and that therefore he had not been served.
Held: The service was valid. The landlord need serve the notice only, by a means which a reasonable person minded to bring the document to the attention of the person to be served would adopt.

Citations:

[1974] 3 WLR 52, [1974] 3 All ER 17

Statutes:

Agricultural Holdings Act 1948 92(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.223119

Jones v Carter: 1846

The landlord served a declaration in ejectment from the premises.
Held: The service operated as a forfeiture, and a final election to determine the lease, and it was not possible for the landlord later to demand rent. ”After such an act, by which the lessor treats the lessee as a trespasser, the lessee would know that he was no longer to consider himself as holding under the lease, and bound to perform the covenants contained in it; and it would be unjust to permit the landlord again to change his mind, and hold the tenant responsible for the breach of duty after that time.’ The act there relied on as determining the landlord’s option was bringing an ejection. How does that apply here ? Here, the landlord, by bringing an action for rent accruing subsequently to the accrual of the forfeiture, and obtaining payment of the rent by means of that action, has clearly made his election to treat the lessee as still being his tenant.’

Judges:

Parke B

Citations:

[1846] 15 MandW 718, [1846] 153 ER 1040

Jurisdiction:

England and Wales

Cited by:

Cited – Dendy v Nicholls 1858
For a landlord to demand and sue for rent, when he knew of facts entitling him to forfeit the lease, amounted to waiver of forfeiture and prevented him from bringing a later action for ejectment. Referring to Jones v Carter: (Crowder J) ‘Here, there . .
Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.188155

Hargroves, Aronson and Co v Hartopp: CA 1905

The tenants of a building of which the defendants were landlords sought damages after a rainwater gutter became stopped up and the defendants failed to clear it out for a few days after receiving notice of the stoppage.
Held: The landlords were in breach of a duty of care to the plaintiffs and were liable for the damage done. If a building owner retains common parts which have to be maintained to protect the safe use of the demised properties, he has an obligation to take reasonable care that the parts he retains are not in such a condition as to cause damage to the tenant or to the premises demised.
Lord Alverstone said: ‘A person who maintains an artificial thing like a gutter used for the very purpose of carrying off the rainwater from the roof in an improper condition after notice may be said, in my opinion to be guilty of an act of commission, and he is, in my opinion, under a duty to take care that as a result of that act no damage happens to the occupants of the house.’

Judges:

Lord Alverstone

Citations:

[1905] 1 KB 472

Jurisdiction:

England and Wales

Cited by:

Followed – Tennant Radiant Heat Ltd v Warrington Development Corporation 1988
A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that . .
Cited – Westminster (Duke of) and others v Guild CA 30-Mar-1983
The landlord brought an action for non-payment of rent. The tenant sought to set off a failure by the landlord to repair the building of which his flat was part and which failure had caused him loss. The landlord said that it had no express duty to . .
Cited – Jackson v J H Watson Property Investment Ltd QBD 7-Jan-2008
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Landlord and Tenant

Updated: 07 December 2022; Ref: scu.194604

Johnstone v Hudlestone: 1825

Where a tenant gave an invalid notice to quit, which accordingly did not have effect to determine the tenancy, upon his holding over after the notice was given the landlord was not entitled to double rent under s. 18. (Bayley J) ‘I think that the Legislature did not intend to punish the tenant for his caprice, but to reimburse the landlord for any injury he might sustain by losing his bargain with a new tenant.’ As to the recital to section 18: ‘It is true that the enacting words are carried beyond the recital, but I think that effect must be given to all the words of the clause, and that the enacting words must be construed with reference to the mischief intended to be remedied. The fair construction of that clause [s 18] appears to be, that it shall only apply in case the tenant shall give the notice contemplated in the preamble… so as to make it binding on the landlord to accept possession of the premises.’ (Holroyd J) ‘Here the landlord claims rent under the statute, and treats the tenant as a tortfeasor…’

Judges:

Bayley J, Holroyd J

Citations:

[1825] 4 B and C 922

Statutes:

Distress for Rent Act 1737 (II Geo 2, c 19) 18

Jurisdiction:

England and Wales

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.188156

Dendy v Nicholls: 1858

For a landlord to demand and sue for rent, when he knew of facts entitling him to forfeit the lease, amounted to waiver of forfeiture and prevented him from bringing a later action for ejectment. Referring to Jones v Carter: (Crowder J) ‘Here, there has been not merely a demand for rent, but an action brought to enforce it. That seems to me to be an unqualified and conclusive act on the part of the landlord, shewing an intention on his part to treat the lessees as still continuing his tenant … I think the authorities abundantly show that, by such a demand as has been made here, the plaintiff has elected conclusively to treat the defendant as his tenant, and cannot afterwards turn round and make him a trespasser.’

Judges:

Crowder J, Willes J, Byles J

Citations:

[1858] 4 CB (NS) 376

Jurisdiction:

England and Wales

Citing:

Cited – Jones v Carter 1846
The landlord served a declaration in ejectment from the premises.
Held: The service operated as a forfeiture, and a final election to determine the lease, and it was not possible for the landlord later to demand rent. ”After such an act, by . .

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.188154

Manfield and Sons Ltd v Botchin: 1970

The tenant wished to occupy a shop, which the landlord wished to develop, but where the landlord awaited clearance of planning difficulties. The tenant was granted a tenancy at will. After occupying the property for more than four years, the tenant asserted security of tenure under the Act.
Held: A tenancy at will expressly granted, and with no provisions inconsistent with the nature of a tenancy at will such as for forfeiture, is not protected by the 1954 Act, provided the two parties genuinely agreed it to be such.

Citations:

[1970] 2 QB 612

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.186965

Doe Ex Dim Cheny v Batten: 13 Feb 1775

The tenant gave notice to quit but failed to leave the premises by the due date (Michaelmas). The landlord sued for ejectment, but then accepted a quarter’s rent (due at Christmas). Did this create a new tenancy?
Held: The issue depended on the intention of the parties. Referring to the landlord accepting a single rent: ‘The taking half, when he is entitled to an action for the whole, is an act of lenity; but it does not import a consent that the tenant shall continue in possession, or a waiver by the landlord of his remedy by ejectment.’ The acceptance of a single rent was only a waiver of the landlord’s right to double rent under the 1730 Act, and not of the right to possession.
Aston J said: ‘The only act which appears is, the acceptance of a single quarter’s rent accrued since. I think that is only a waiver of his right to double rent under [the Act of 1730], and does not necessarily imply a consent that the tenancy should continue . . For here, the acceptance of single rent, is only a waiver of his right to double.’
Lord Mansfield said: ‘The question therefore is, quo animo the rent was received, and what the real intention of both parties was? If the truth of the case is, that both parties intended the tenancy should continue, there is an end of the plaintiff’s title: if not, the landlord is not barred of his remedy by ejectment.’

Judges:

Aston J, Lord Mansfield, Ashhurst J

Citations:

[1775] 1 Cowp 243, [1775] EngR 19, (1775) 98 ER 1066

Links:

Commonlii

Statutes:

Distress for Rent Act 1737 (II Geo 2, c 19) 18,, Landlord and Tenant Act 1730

Jurisdiction:

England and Wales

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Cited – Shaws (EAL) Ltd v Pennycook CA 2-Feb-2004
Tenant’s First Notice to terminate, stood
The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.188149

Lyon v Reed: 1844

The court examined the principle of the surrender of a lease by operation of law: ‘. . . all the old cases will be found to depend on the principle to which we have adverted, namely, an act done by or to the owner of a particular estate, the validity of which he is estopped from disputing, and which could not have been done if the particular estate continued to exist. The law there says, that the act itself amounts to a surrender. In such case it will be observed there can be no question of intention. The surrender is not the result of intention. It takes place independently, and even in spite of intention. Thus, in the cases which we have adverted to of a lessee taking a second lease from the lessor, or a tenant for life accepting a feoffment from the party in remainder, or a lessee accepting a rent-charge from his lessor, it would not at all alter the case to show that there was no intention to surrender the particular estate, or even that there was an express intention to keep it unsurrendered. In all these cases the surrender would be the act of the law, and would prevail in spite of the intention of the parties.’
Baron Parke: ‘In order to ascertain how far … cases can be relied on as authorities, we must consider what is meant by a surrender by operation of law. This term is applied to cases where the owner of a particular estate has been a party to some act, the validity of which he is by law afterwards estopped from disputing, and which would not be valid if his particular estate had continued to exist. There the law treats the doing of such act as amounting to a surrender. Thus, if a lessee for years accept a new lease for his lessor, he is estopped from saying that his lessor had not power to make the new lease; and, as the lessor could not do this until the prior lease had been surrendered, the law says that the acceptance of such new lease is of itself a surrender…’ and ‘If we apply these principles to the case now before us, it will be seen that they do not at all warrant the conclusion, that there was a surrender of the lease of the 7th of April, 1812, by act and operation of law. Even adopting, as we do, the argument of the plaintiff, that the delivery up by Ord and Planta of the lease in question affords cogent evidence of their having consented to the making of the new lease, still there is no estoppel in such a case. It is an act which, like any other ordinary act in pais, is capable of being explained, and its effect must therefore depend, not on any legal consequence necessarily attaching on and arising out of the act itself, but on the intention of the parties.’ and ‘The acts in pais which bind parties by way of estoppel are but few, and are pointed out by Lord Coke, Co Litt, 352a. They are all acts which anciently really were, and in contemplation of law have always continued to be, acts of notoriety, not less formal and solemn than the execution of a deed, such as livery, entry, acceptance of an estate, and the like. Whether a party had or had not concurred in an act of this sort, was deemed a matter which there could be no difficulty in ascertaining, and then the legal consequences followed. But in what uncertainty and peril will titles be placed, if they are liable to be affected by such accidents as those alluded to by Mr Justice Bayley.’

Judges:

Baron Parke

Citations:

(1844) 13 MandW 285, [1843-60] All ER Rep 178

Jurisdiction:

England and Wales

Cited by:

Cited – Allen and Another v Rochdale Borough Council CA 23-Mar-1999
Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The . .
Cited – Ealing Family Housing Association Ltd v McKenzie CA 10-Oct-2003
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended.
Held: There was no express surrender within . .
Cited – Mattey Securities Limited v Ervin, Sutton, Mitchell CA 3-Apr-1998
After the insolvency of an assignee of a lease, the landlord talked with possible new tenants, and the original lessee now said that the landlord had impliedly accepted a surrender of the original lease, thus releasing him from continuing liability. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Estoppel

Updated: 07 December 2022; Ref: scu.187386

Finbow v Air Ministry: 1963

The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the authorities on how to distringuish between a lease and a licence.
Held: The misdescription of his powers rendered the document a nullity would defeat the plain intention of the Minister. McNair J said ‘It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam valeat. There is a total inconsistency and repugnancy between the minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail.’
As to the nature of the agreement: ‘1) that the agreement must be construed as a whole and that the relationship is determined by law and not by the lable which the parties put on it, though the label is a factor to be taken into account in determining the true relationship; . . . 2) that the grant of exclusive possession, if not conclusive against the view that there is a mere licence as distinct from a tenancy, is at any rate a consideration of the first importance;’ and in all the cases where a licence was found, that was because of the presence of factors such as those set out in Facchini.
As to the effect of reliance upon the mistake, McNair J said: ‘The document was in the circumstances in which it was executed plainly intended by the Minister to be an approval in the exercise of his statutory powers. These powers at the date of the instrument were to be found only in section 2 of the Act of 1948. To hold that the mis- description of his powers rendered the document a nullity, would, in my judgment, defeat the plain intention of the Minister to be deduced from the circumstances and the date of its execution. It is, in my judgment, a plain case for the application of the maxim falsa demonstratio non nocet and of the principle embodied in the maxim magis valeat quam pereat. There is a total inconsistency and repugnancy between the Minister’s manifest intention and the literal effect of the document, and, in my judgment, the former should prevail. In this connection, reference may be made to In re Lockwood, Atherton v Brooke, where Harman J was confronted with a rather similar problem arising out of mistake in a statute and approved a citation from Maxwell on Statutes (now 11th ed. (1962) p 243) to the following effect: ‘The authorities do …. establish that the judicial interpreter may deal with careless and inaccurate words and phrases in the same spirit as a critic deals with an obscure or corrupt test, when satisfied, on solid grounds, from the context or history of the enactment or from the injustice, inconvenience, or absurdity of the consequences to which it would lead, that the language thus treated does not really express the intention and that this amendment probably does.”

Judges:

McNair J

Citations:

[1963] 1 WLR 697

Jurisdiction:

England and Wales

Citing:

Cited – Facchini v Bryson 1952
The court held that in all the reported cases where it was held that an agreement was a licence rather than a tenancy: ‘In all the cases where an occupier has been held to be a licensee there has been something in the circumstances, such as a family . .

Cited by:

Cited – Regina v Dover Magistrates’ Court ex parte Webb Admn 18-Mar-1998
The defendant appealed against a forfeiture order, saying that it had been made under the 1990 Act which had been repealed.
Held: The wrong naming of the section did not invalidate the decision. . .
Cited – Burrells Wharf Freeholds Ltd v Galliard Homes Ltd TCC 1-Jul-1999
The court was aksed to provide pre-action discovery under the rules. The defendant said that the rules were invalid, having been made under an invalid power.
Held: ‘article 5 of the Order would not have been invalidated by a failure to mention . .
Cited – McKay, Regina (on the Application of) v First Secretary of State and Another CA 9-Jun-2005
An enforcement notice was challenged on the grounds of it having been made without the appropriate identification of the land at issue. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Administrative

Updated: 07 December 2022; Ref: scu.186963

Granada TV Network Ltd v Great Universal Stores Ltd: 1963

A landlord may reasonably refuse consent to an assignment of a lease where the result of the assignment would inevitably be a breach of a user covenant.

Citations:

(1963) 187 EG 391

Jurisdiction:

England and Wales

Cited by:

Cited – Ashworth Frazer Limited v Gloucester City Council HL 8-Nov-2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.187996

Sun Alliance and London Assurance Ltd v Hayman: 1975

Citations:

[1975] 1 WLR 177

Statutes:

Landlord and Tenant Act 1954 23

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.185742

Doe d Spicer v Lea: 1809

A lease in the new style commencing on St Michael’s day gave notice to quit on the old Michaelmas date, but should have been given to expire on the new Michaelmas day. Extrinsic evidence that the party intended the other day was not admitted. A strict rule of construction has been applied not only to notices exercising break clauses but also to notices to terminate periodic tenancies

Citations:

(1809) 11 East 312, (1809) 103 ER 1024

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.185094

Doe d Wyatt v Byron: 1845

Citations:

[1845] 1 CB 623

Jurisdiction:

England and Wales

Cited by:

Applied – United Dominions Trust Ltd v Shellpoint Trustees CA 23-Mar-1993
The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.183294

King v Thomas McKenna: 1991

Citations:

[1991] CLY 199

Jurisdiction:

England and Wales

Cited by:

Cited – Arnold and Others v National Westminster Bank Plc CA 14-Mar-1994
There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Arbitration

Updated: 07 December 2022; Ref: scu.180568

Stewart v Maclaine: HL 24 Nov 1899

A tenant who had possessed a sheep-farm under a formal lease embodying certain estate regulations applied for a renewal of his lease by letter in the following terms:-‘I hereby offer to take the farms of Rossal and Dernacullen as at present possessed by me on the following terms, viz., Lease, five years, Rossal, rent pounds 100 per annum; Dernacullen, rent, pounds 40 per annum. Right of fishing in the Coleader river for two rods; a porch to be erected at kitchen door of Rossal house. Your acceptance of the above will oblige.’ That offer was accepted.
Held ( aff. the judgment of the Second Division) that the estate regulations could not be treated as incorporated in the missives, either by reference to the former lease or as provisions usual and proper in such leases, and which must have been in contemplation of the parties on entering into the contract.
Observed, that the fact that the tenant had in the negotiations subsequent to the exchange of the missives repudiated any intention to be bound by the missives, did not prevent him from maintaining that these regulations as regards the taking over of sheep stock at the termination of the lease formed, on a true construction of the missives, part of the contract between him and the landlord.
Opinion (by Lord Shand) that if the tenant were able to prove a universal and clear custom in regard to the stock to be taken over by the landlord at the termination of the lease, such custom might be read into missives containing no express provision on the subject as part of the lease. Evidence held insufficient to prove any such custom.

Judges:

Lord Chancellor (Halsbury), Lord Macnaghten, Lord Shand, Lord Brampton, and Lord Robertson

Citations:

[1899] UKHL 623, 37 SLR 623

Links:

Bailii

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.631845

Tall-Bennett and Co Pty Ltd v Sadot Holdings Pty Ltd: 1988

(Supreme Court of New South Wales) The tenant abandoned the premises. When the landlord sought recovery of the subsequent rents, the tenant argued that he had a duty to mitigate his losses.
Held: The tenant failed. If the tenant wants to go out of possession and be relieved of the economic burden of the rent he can try to underlet or find an assignee. It was not unreasonable in a landlord to insist on maintaining his position as a result of the grant of the lease, and being reluctant to assume the trouble of finding a new tenant and then suing the original tenant for damages, and leaving it to the tenant to find an assignee or sub-tenant.

Judges:

Young J

Citations:

(1988) 4 BPR 9522

Jurisdiction:

Australia

Cited by:

Cited – Reichman 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: 06 December 2022; Ref: scu.396618

Progressive Mailing House Pty Ltd v Tabali Pty Ltd: 12 Mar 1985

Austlii (High Court of Australia) Landlord and Tenant – Torrens system land – Unregistered lease – Effect – Covenant to pay rent – Breach – Re-entry – Right of landlord to damages for loss of benefit of covenant – Fundamental breach – Repudiation.

Judges:

Mason, Wilson, Brennan, Dean and Dawson JJ

Citations:

(1985) 59 ALJR 373, (1985) 57 ALR 609, (1985) 157 CLR 17, [1985] HCA 14

Links:

Austlii

Jurisdiction:

Australia

Cited by:

Cited – Reichman 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: 06 December 2022; Ref: scu.396616

London Borough of Lambeth v Rogers: CA 29 Oct 1999

The principal point on this appeal is this : in what circumstances is a local authority liable to a former secure tenant, against whom it has obtained, but not enforced, a possession order, for disrepair of the premises in the tolerated occupation of the former tenant ?

Citations:

[1999] EWCA Civ 3035, [2000] 1 EGLR 28, (2000) 32 HLR 361, [2000] 03 EG 127, [2000] L and TR 319, [2000] BLGR 191, [1999] EG 128

Links:

Bailii

Jurisdiction:

England and Wales

Housing, Landlord and Tenant

Updated: 06 December 2022; Ref: scu.346270

Doe d. Whayman v Chaplin: 1310

Four persons were the joint lessors on a periodic tenancy. Three only of the joint lessors gave notice to quit against the wishes of the fourth. At one stage the court inclined to the view that in order to determine the tenancy all four lessors had to agree. However after further argument it was held that each of the three who had given notice to quit was entitled to put an end to the tenancy of his share and the three who had given notice to quit were therefore entitled to recover three parts of the land. As a result, the defendant apparently was entitled to stay on the land in right of his tenancy of one part as tenant in common with the three lessors who had given notice. the giving of notice to quit by three out of the four joint lessors was not sufficient to determine the tenancy of the whole land.

Citations:

(1310) 3 Taunt 120

Jurisdiction:

England and Wales

Cited by:

No longer good law – Hammersmith 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.272276

Luxmore v Robson: 1818

The tenant covenanted to repair the property and to keep it in repair during the continuance of the term’.
Held: An action lay for any breaches occurring before the term expires.

Citations:

[1818] 1 B and Ald 584, [1818] 106 ER 215

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.259868

Jacquin v Holland: 1960

The relevant date for assessing damages for a tenant’s failure to repair the premises in accordance with his covenant is the term date of the lease.

Citations:

[1960] 1 WLR 528

Jurisdiction:

England and Wales

Cited by:

Cited – Lyndendown Ltd v Vitamol Ltd CA 6-Jul-2007
At the end of the lease, the subtenant had failed to comply with his obligation to repair the property, leaving the head tenant liable to the landlord. The landlord had issued a letter which forgave the tenant from his obligations.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.259148

Hall v Betty: 1842

In a contract for the sale of leasehold land, and in the absence of an express condition to the contrary, there is an implied covenant on the part of the vendor to make out the lessor’s title to make the demise.

Citations:

(1842) Man and G 410, (1842) 5 Scott NR 508

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.252424

Holford Investments Ltd v Lambert: 1982

Citations:

[1982] All ER 497

Statutes:

Protection from Eviction Act 1977 5

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.245854

Wakeham v Mackenzie: 1968

The plaintiff sought performance of an oral agreement to grant a tenancy having given up her own home to move into her employer’s home.
Held: There had been sufficient part performance.

Citations:

[1968] 1 WLR 1175

Jurisdiction:

England and Wales

Equity, Landlord and Tenant

Updated: 06 December 2022; Ref: scu.245851

Dyer v Rt Hon Charles Gerald John Earl of Cadogan: LT 6 Apr 2001

LEASEHOLD ENFRANCHISEMENT – Price payable for freehold of house – whether to be valued with vacant possession or subject to tenancy – the prospects of obtaining consent for further development – comparables – appropriate adjustment for differences in date – valuation of development potential – treatment of vaults – whether adjustment for location appropriate – relevance of subsequent offer – terms of transfer – price payable increased from pounds 2,996,500 to pounds 3,050,000.

Citations:

[2001] EWLands LRA – 2 – 2000, [2001] EWLands LRA – 4 – 2000

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.225646

7 H.3 wast 141: 1223

CS Attachment against a tenant in dower as to why she had assarted one hundred oak trees and a mill had been broken and drained and the mill-pond also. The tenant said that her late husband M. by the king’s order had broken the millpond and taken all the fish for the king’s benefit and she had subsequently repaired it as best she could; as to the mill, she said it is not wasted because in winter it can grind though not in summer for because of the war but no waste was committed by her. This was adjudged a good plea. The complainant said that she had committed waste after the prohibition and produced suit of this and thus a jury trial on this etc.

Citations:

[1223] [Co Litt 53a (h)]

Jurisdiction:

England and Wales

Cited by:

Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.196923

21 E.1 Adam’s Case: 1293

(Year Books) If the sheriff hold the inquest and return that the grange and bakehouse were burned by accident, and do not say whether the conflagration was caused by the default of the tenant or not, the sheriff will be again ordered to enquire whether the conflagration was caused by the default of the tenant or not; and if he return that it was by the default of the tenant, he (Adam) will recover his damages. Adam was the person of whom the defendant held the tenement for life.

Citations:

(1293) YB (RS) 21 and 22 Ed1 30

Jurisdiction:

England and Wales

Cited by:

Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.196732

8 E.2 wast. 111: 1315

In waste where the waste was found of three oak-trees worth etc. and two hundred willow-trees the plaintiff asked for judgment in accordance with the verdict.
INGE, J. did not adjudge waste in such form that he recover the place wasted for the small amount and it is not properly to be accounted waste in respect of the willows in case they grow again.
Herle. Then adjudge her damages.
1NGE, J.. We can never adjudge one without the other and so you are to take nothing by your writ etc. neither damages nor the place wasted.

Citations:

[1315] [Co. Litt:53a (l)]

Jurisdiction:

England and Wales

Cited by:

Cited – Dayani v London Borough of Bromley TCC 25-Nov-1999
LA Tenant liable for permissive waste
The local authority was tenant of properties which it sub-licensed to homeless persons for three years was liable for having allowed the properties to deteriorate. It was claimed that they were liable for permissive waste as tenants for a fixed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.196924

Cutting v Derby: 1776

‘The statutes of [1730] and [1737] being in pari materia ought to have the same construction’.

Judges:

Blackstone J

Citations:

(1776) 2 W Bla 1075

Statutes:

Landlord and Tenant Act 1730, Distress for Rent Act 1737 (II Geo 2, c 19) 18,

Jurisdiction:

England and Wales

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.188159

Carnarvon v Villebois: 1844

The extent of an implied surrender of a lease by operation of law is commensurate with what is necessary to give validity to the transaction which the surrenderer is to be estopped from disputing.

Citations:

(1844) 13 M and W 313

Jurisdiction:

England and Wales

Cited by:

Cited – Allen and Another v Rochdale Borough Council CA 23-Mar-1999
Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 06 December 2022; Ref: scu.187408

Timmins v Rowlison: 1764

The 1730 and 1737 Acts should be read together to form one consistent scheme. ‘Statutes in pari materia are to be all taken as one system to suppress the mischief… The Legislature, in [the 1730 Act] made a provision where the landlord gives notice; and afterwards, in [the 1737 Act] this additional provision in case the notice comes from the tenant. The two laws are only parts of the same provision.’ ‘The mischief is an act of vexation, inconvenience, and injustice, by the tenant after notice given by himself, after the landlord has another tenant ready, to stop short and say ‘I won’t quit.’

Judges:

Mansfield CJ

Citations:

[1764] 1 Black W 533

Statutes:

Landlord and Tenant Act 1730, Distress for Rent Act 1737 (II Geo 2, c 19) 18,

Jurisdiction:

England and Wales

Cited by:

Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.188148

Doe d Cox v Roe: 1803

The landlord of a public house in Limehouse gave notice to quit ‘the premises which you hold of me . . . commonly called or known by the name of The Waterman’s Arms.’ However, the only property let by the landlord to the tenant was a public house called The Bricklayer’s Arms; indeed there was no public house in Limehouse called The Waterman’s Arms.
Held: The ambiguity could be resolved in favour of the landlord. lThe notice was held effective in respect of the tenancy of The Bricklayer’s Arms, the case being treated as one of latent ambiguity.

Citations:

(1803) 4 Esp 185

Jurisdiction:

England and Wales

Cited by:

Cited – 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 – Cadby v Martinez 1840
A clause in his lease allowed the tenant to determine it by notice expiring on Michaelmas day 1837. The tenant mistakenly gave notice to quit and deliver up the premises on 24 June 1837. The notice was expressed to be ‘agreeably to the covenants of . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.185081

D’Silva v Lister House Development Ltd: 1970

Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed and execution imports not only sealing the document, but also delivering it as an executed document.’ and ‘It is . . established by authority that negotiations subject to contract for the grant of a lease remain in a state of negotiation until exchange of lease and counter-part . . Accordingly that letter is a bar to any claim by the Plaintiff that there was a contract by correspondence, for the correspondence must, I think, be taken as correspondence in the course of negotiations which were conducted upon the footing that everything would remain in a state of negotiation until exchange of lease and counterpart. ‘ and ‘The letters relied on here are letters between solicitors and in the absence of special authority in my judgment, they cannot be relied upon as constituting a contract by correspondence’.

Judges:

Buckley J

Citations:

[1971] Ch 17, [1970] 1 All ER 858

Statutes:

Landlord and Tenant Act 1954 Part II, Law of Property Act 1925 74(1)

Jurisdiction:

England and Wales

Citing:

Cited – Eccles 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 . .

Cited by:

Cited – Hussein Walji, Zulikar Walji, Mohammed Iqbal Walji, Hussain Walji v Mount Cook Land Limited CA 21-Dec-2000
The claimants sought a new lease under the Act. They were assignees and sureties of an underlease of the premises, but a new underlease had been taken by a company through which the partnership had intended to trade. The partnership had paid rent in . .
Cited – Bolton Metropolitan Borough Council v Torkington CA 31-Oct-2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later.
Held: Under the 1985 Act completion would require writing, intention and . .
Cited – Evans v James (Administratrix of the Estate of Thomas Hopkin Deceased) CA 5-Jul-1999
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Cited – Katana and Another v Catalyst Communities Housing Ltd CA 28-Jan-2010
The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Legal Professions

Updated: 06 December 2022; Ref: scu.184136

Doe d Duke of Bedford v Kightley: 1796

The court could take a benevolent approach in construing a notice with a clerical error.

Citations:

(1796) 7 Durn and E 63

Jurisdiction:

England and Wales

Cited by:

Cited – Carradine Properties Ltd v Aslam ChD 1976
Under a break clause in a lease, the relevant date upon which a notice given by either party under the clause might take effect was a date in September 1975, but the landlord’s notice in September 1974 specified a date in 1973. The date in 1973, had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.185083

Commercial Union Life Assurance Co Ltd v Moustafa: 1999

A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of the 1927 Act.
Held: The court preferred the approach in Galinski v McHugh

Judges:

Smedley J

Citations:

[1999] 2 EGLR 44

Statutes:

Landlord and Tenant (Covenants) Act 1995 17

Jurisdiction:

England and Wales

Citing:

Preferred – Galinski v McHugh 5-Oct-1988
A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service.
Held: . .
Cited – Railtrack 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 . .

Cited by:

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

Landlord and Tenant

Updated: 06 December 2022; Ref: scu.182410

Lord and Another v Jessop: CA 21 Apr 1999

The defendant appealed an award of damages for breach of a covenant for quiet enjoyment. He said there had been a licence only.
Held: The defendant was not to be allowed to admit fresh evidence on appeal. Appeal dismissed.

Citations:

[1999] EWCA Civ 1228

Jurisdiction:

England and Wales

Citing:

Applied – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 06 December 2022; Ref: scu.146143

Florent v Horez: CA 1948

The tenant who held numerous meetings of a Turkish Cypriot cultural committee at his flat. The landlord objected that this was carrying n a business and a breach of the Lease.
Held: A leisure activity, hobby, occupation, social duty or other similar activity carried on by a tenant in a dwellinghouse does not amount to the carrying on of a business there unless there is some direct commercial involvement or the use is more than ancillary or subordinate to the residential use. It was a question of degree whether on the one hand, the use of premises was ancillary or subordinate to their residential use and therefore not a breach, or, on the other hand, amounted to carrying on business (in the widest sense) on the premises.

Citations:

(1948) 48 P and CR 166

Jurisdiction:

England and Wales

Cited by:

Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.651766

Falgor Commercial SA v Alsabahia Inc: CA 1986

Granting occupational licences of a serviced apartment was a breach of a covenant not to use the premises otherwise than as a single private residence.

Citations:

(1986) 18 HLR 123

Jurisdiction:

England and Wales

Cited by:

Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.651765

Triplerose Ltd v Patel: UTLC 16 Nov 2018

Landlord and Tenant – Forfeiture – Covenant v Alteration of Elevation of Building – whether prohibition applicable only to front elevation – original window replaced by door giving access to flat roof – whether a breach of covenant – s.184(4), Commonhold and Leasehold Reform Act 2002 – appeal allowed

Citations:

[2018] UKUT 374 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.631024

Henley and Another v Cohen: CA 2 May 2013

Dispute is about the right to enfranchise under the 1967 Act, which was exercisable in specified circumstances where a ‘building’ is subject to a long lease. The landlord said that the two-storey, long lease building in Palmers Green, which has a greetings card shop on the ground floor with a recently converted flat above, was not ‘a house reasonably so called’ within the meaning of s.2(1).

Judges:

Mummery, Hallett, Leveson LJJ

Citations:

[2013] EWCA Civ 480

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 2(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.491879

Swanston Grange (Luton) Management Ltd v Langley-Essen: LT 12 Nov 2007

LT LANDLORD AND TENANT- Breach of covenant – Commonhold and Leasehold Reform Act 2002 s.168 – whether a breach has occurred – jurisdiction of leasehold valuation tribunal to consider whether landlord has waived the covenant (in the sense of being estopped from relying on its strict rights under the covenant) – whether landlord in fact so estopped.

Citations:

[2007] EWLands LRX – 12 – 2007

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002 168

Jurisdiction:

England and Wales

Cited by:

Cited – Triplerose Ltd v Beattie and Another UTLC 4-Jun-2020
Short term visitor sublets were breach of lease
Landlord and Tenant – Breach of Covenant – covenant against use of flat other than as a private dwelling house and prohibiting use for trade or business – whether breached by use of flat as serviced apartment advertised on internet booking sites – . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.262244

Taylor v Blaquiere: CA 14 Nov 2002

The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair.
Held: The appointment of the manager was to fulfil duties given to him by the court, and he did not stand in the shoes of the landlord. There was no right of set-off available against his claim.

Judges:

Aldous, Tuckey, Longmore, LJJ

Citations:

Times 21-Nov-2002, Gazette 23-Jan-2003, [2002] EWCA Civ 1633, [2003] 1 EGLR 52

Links:

Bailii

Statutes:

Landord and Tenant Act 1987 24(1)

Jurisdiction:

England and Wales

Citing:

See Also – Maunder-Taylor v Blaquiere CA 14-Nov-2002
. .

Cited by:

Cited – Cawsand Fort Management Company Ltd v Stafford and others CA 20-Nov-2007
The tenant had sought an order under the 1987 Act for the appointment of a manager of the apartments. The landlord appealed against the order saying that it could not apply to buildings which were not comprised in the buildings containing the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.178263

Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999

In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of the Act; and where the Act is to be read with another as constituting a code devised by Parliament to achieve a distinct purpose, regard must be had to the other Act as well.
Held: In favour of the appellants, ‘on the distinct basis that the right to double rent conferred by s. 18 of the Act of 1737 only arises where (a) the tenant holding over after his own notice to quit is in fact a trespasser (thus, the notice must be valid), and (b) the landlord treats him as such.’ and (obiter) The principle that a party to litigation cannot ‘approbate and reprobate’ (or ‘blow hot and cold’) does sometimes curtail that party’s theoretical freedom to plead wholly inconsistent cases as alternatives . . ..It seems to me at least arguable that by demanding and suing for rent the landlord was unequivocally treating the tenant as not being a trespasser, and that the subsequent amendment of the statement of claim to plead an alternative and inconsistent case should not be allowed to operate retrospectively so as to make the tenant’s occupation unlawful . . ..I would regard it as an unfair result if in the circumstances of this case the tenant were liable to pay double rent under the 1737 Act as a trespasser in respect of a period when the landlord was, in correspondence and in pleadings, vigorously contending that the tenant was not a trespasser.

Judges:

Robert Walker LJ

Citations:

Gazette 21-Apr-1999, Times 01-Apr-1999, [1999] EWCA Civ 1027, [2000] Ch 12, [1999] 2 All ER 791

Statutes:

Distress for Rent Act 1737 (II Geo 2, c 19) 18,, Landlord and Tenant Act 1730

Jurisdiction:

England and Wales

Citing:

Cited – Timmins v Rowlison 1764
The 1730 and 1737 Acts should be read together to form one consistent scheme. ‘Statutes in pari materia are to be all taken as one system to suppress the mischief… The Legislature, in [the 1730 Act] made a provision where the landlord gives . .
Cited – Doe Ex Dim Cheny v Batten 13-Feb-1775
The tenant gave notice to quit but failed to leave the premises by the due date (Michaelmas). The landlord sued for ejectment, but then accepted a quarter’s rent (due at Christmas). Did this create a new tenancy?
Held: The issue depended on . .
Cited – United Australia Ltd v Barclays Bank Ltd HL 1940
A person whose goods were wrongfully converted by another had a choice of two remedies against the wrongdoer. He could recover damages, in respect of the loss he had sustained by the conversion, or he could recover the proceeds of the conversion . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – 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 – Personal Representatives of Tang Man Sit v Capacious Investments Ltd PC 18-Dec-1995
The claimant, Capacious Investments Ltd, brought proceedings against Tang’s estate for damages for the loss of use and occupation, and also an account of profits and damages for loss and damage incurred, for example by encumbering the property with . .
Cited – Hankey v Clavering CA 1942
A lease term ran for 21 years from 25 December 1934. A break clause gave either party the right to determine the lease at the expiration of the first seven years, by six calendar months’ notice. The landlord gave notice to the tenant’s solicitors in . .
Cited – Motor Oil Hellas (Corinth) Refineries SA v Shipping Corporation of India (The Kanchenjunga) HL 1990
A ship was caught in harbour when an air raid broke out. The master took the ship to sea where it suffered damage.
Held: The shipowners were protected by a war risks clause in the charterparty agreement. As to waiver by election, Lord Goff of . .
Cited – China National Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas) HL 1979
A hire clause was in bespoke terms providing for withdrawal ‘in default of payment’. The payment of hire for the final instalment was deficient because, as the umpire held, the charterers’ deductions for the length of the final voyage and bunkers on . .
Cited – Dendy v Nicholls 1858
For a landlord to demand and sue for rent, when he knew of facts entitling him to forfeit the lease, amounted to waiver of forfeiture and prevented him from bringing a later action for ejectment. Referring to Jones v Carter: (Crowder J) ‘Here, there . .
Cited – Jones v Carter 1846
The landlord served a declaration in ejectment from the premises.
Held: The service operated as a forfeiture, and a final election to determine the lease, and it was not possible for the landlord later to demand rent. ”After such an act, by . .
Cited – Johnstone v Hudlestone 1825
Where a tenant gave an invalid notice to quit, which accordingly did not have effect to determine the tenancy, upon his holding over after the notice was given the landlord was not entitled to double rent under s. 18. (Bayley J) ‘I think that the . .
Cited – Lissenden v CAV Bosch Ltd HL 1940
The defendant attempted to bar the workman plaintiff from appealing a compensation award on the ground that he had already accepted payment under it.
Held: The House considered the principle that a party may not blow hot and cold on an issue . .
Cited – Attorney-General v Prince Earnest Augustus of Hanover HL 1957
‘legislative antecedents’ may in some circumstances constitute relevant background for the interpretation of statutes in pari materia. Words in a preamble cannot of themselves restrict the scope of enacting words, where the latter are wider or more . .
Cited – Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited HL 1970
The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. The landlord did not take the point at first, and delivered an answer and negotiated compensation. . .
Cited – Central Estates (Belgravia) Ltd v Woolgar (No 2) CA 20-Jun-1972
Right to forfeit waived by rent demand
The landlords’ managing agents learned that the tenant had been convicted of keeping a brothel at the premises and served a section 146 notice intending to forfeit the tenancy. He told his staff and instructed them not to demand or accept rent. But . .
Cited – China National Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas) HL 1979
A hire clause was in bespoke terms providing for withdrawal ‘in default of payment’. The payment of hire for the final instalment was deficient because, as the umpire held, the charterers’ deductions for the length of the final voyage and bunkers on . .
Cited – Johnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
Cited – Cutting v Derby 1776
‘The statutes of [1730] and [1737] being in pari materia ought to have the same construction’. . .
Cited – Peyman v Lanjani CA 1985
Application was made for consent to assign a lease. The court was asked whether or not the purchaser of a leasehold interest in a property, who had elected to affirm the contract despite a repudiatory breach by the vendor, could be held to his . .
Cited – Express Newspapers v News (UK) plc 1990
If summary judgment is given to one party on his claim, it must also be given on a counterclaim made on the same basis by the defendant. The principle that a party to litigation cannot ‘approbate and reprobate’ (or ‘blow hot and cold’) can curtail a . .

Cited by:

Cited – Shaws (EAL) Ltd v Pennycook CA 2-Feb-2004
Tenant’s First Notice to terminate, stood
The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The . .
Cited – John Roberts Architects Ltd v Parkcare Homes (No. 2) Ltd TCC 25-Jul-2005
The defendant had taken a dispute to adjudication, but then abandoned those proceedings, upon which the adjudicator awarded costs against the defendant which the claimant now sought to enforce. The defendant argued that the award was outside the . .
Cited – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.145942

Howard and others v Kinvena Homes Limited: CA 19 Mar 1999

Application for leave to appeal – granted.

Citations:

[1999] EWCA Civ 1037

Statutes:

Mobile Homes Act 1983

Jurisdiction:

England and Wales

Citing:

Cited – Stroud v Weir Associates CA 1987
The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of the order which cut from 15 per cent to 10 per cent the maximum commission chargeable by a site owner on an occupier’s . .

Cited by:

Appeal from – Howard and others v Kinvena Homes Ltd CA 27-Jun-1999
An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.145952

Allen and Another v Rochdale Borough Council: CA 23 Mar 1999

Land was sold. It had been used as playing fields. The freehold and leasehold interests in the land were held by the respondent, and the claimants asserted it was held as bare trustees for them as charitable trustees for the school foundation. The lease in favour of the council had been discovered before completion, but the respondent had not disclosed it.
Held: Any implied surrender of the lease by the council did not operate to creat an resulting trust in its favour. As to the part of the land comprised in the lease which had not been sold, that land remained subject to the lease in favour of the council.

Judges:

Lord Justice Beldam Lord Justice Morritt Lord Justice Mantell

Citations:

[2000] Ch 221, [1999] EWCA Civ 1065

Statutes:

Charities Act 1993 36

Jurisdiction:

England and Wales

Citing:

Cited – Lyon v Reed 1844
The court examined the principle of the surrender of a lease by operation of law: ‘. . . all the old cases will be found to depend on the principle to which we have adverted, namely, an act done by or to the owner of a particular estate, the . .
Cited – Springett v Defoe CA 1992
Partners lived together, without being married, as secure joint tenants. They exercised the right to buy, contributing three quarters and one quarter of the price respectively. At the time they intended to marry. They did not discuss he shares, and . .
Cited – Carnarvon v Villebois 1844
The extent of an implied surrender of a lease by operation of law is commensurate with what is necessary to give validity to the transaction which the surrenderer is to be estopped from disputing. . .
Cited – In Re Oatway; Hertslet v Oatway ChD 1903
A trustee put trust money into his bank account and then used some of the funds from that bank account to buy shares. The rest of the money in the account was dissipated, and the shares were worth less than the trust money which had been . .
Cited – The Venture CA 1908
Contributions were made to the purchase price of a yacht.
Held: The court concluded that the contributor was entitled under a resulting trust to a pro rata equitable interest in the yacht. The payments were made at the time the yacht was . .
Cited – Re Vandervell’s Trusts (No 2) ChD 17-Jul-1973
The court considered the requirement that a proposed beneficiary must establish some positive act on the part of the person creating the trust for that person to be bound by the trust asserted. Megarry J said: ‘(1) If a transaction fails to make any . .
Cited – Foskett v McKeown and Others CA 27-Jun-1997
Various people had paid money with the promise of acquiring an interest in land in Portugal. The scheme was fraudulent. The funds had been used to purchase a life/investment policy. The policy was held in trust for the fraudster’s mother but he had . .

Cited by:

Cited – Ealing Family Housing Association Ltd v McKenzie CA 10-Oct-2003
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended.
Held: There was no express surrender within . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Charity

Updated: 05 December 2022; Ref: scu.145980

Artesian Residential Investments Limited v Beck: CA 19 Mar 1999

The tenant sought relief from forfeiture under section 138 against a landlord seeking possession of his assured tenancy. There were arrears of rent which he believed he could pay.
Held: The grounds for possession were statutory, and had been demonstrated. The action was not an action for forfeiture. ‘section 5(1) makes it abundantly clear that the order for possession ipso facto brings the assured tenancy to an end’ and the 1988 Act was explicit in requiring the court to make an order for possession if the ground was made out. The landlord’s appeal succeeded.

Judges:

Hirst LJ, Mantell LJ

Citations:

[1999] EWCA Civ 1033, [2000] QB 541, [2000] 2 WLR 357, (2000) 32 HLR 107, [1999] 22 EG 145, [1999] EG 46, [1999] 3 All ER 113, [1999] L and TR 278, [1999] 2 EGLR 30

Links:

Bailii

Statutes:

County Courts Act 1984 138, Housing Act 1988 1

Jurisdiction:

England and Wales

Cited by:

Cited – White v Knowsley Housing Trust and Another CA 2-May-2007
The tenant was an assured tenant. She fell into arrears of rent and a possession order was made, but suspended on terms. The court considered whether she continued to be an assured tenant, and could assert a right to buy the property as an assured . .
Overruled – Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association HL 10-Dec-2008
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.145948

Sanctuary Housing Association v Campbell: CA 18 Mar 1999

The claimant had granted a secure weekly tenancy of a maisonette to Mrs Campbell, which she occupied with her husband and children. Mrs Campbell then left the maisonette, leaving the husband in occupation. The husband made a proposal to the claimant whose substance was that he should be given the tenancy of the maisonette, but the claimant refused, saying that once Mrs Campbell was re-housed it would require vacant possession. Mrs Campbell was re-housed, although not by the claimant, and she then wrote to the claimant saying that she was giving up the maisonette and asking what she should do with the keys. The claimant’s response was that she must empty the maisonette of her possessions before returning the keys and that until such times as the keys were returned she would be liable for the rent. Her response was that she could not do this because her husband remained in possession and had changed the locks. She enclosed her own keys with her letter. She asked to be given the opportunity to remove her own possessions from the maisonette once her husband had vacated it, following which the claimant wrote to the husband asking him to leave. He did not, and so two months later the claimant sued him for possession.
Held: A wife who is a sole tenant has the full right to determine a tenancy even though her husband occupied the house at all material times, and even though this operated to deny him rights he would have against her under the Act. There had been nothing equivocal about the wife’s or the claimant’s acts and there had been an implied surrender of the wife’s tenancy to the claimant. Lord Justice Scott: ‘If both tenant and landlord are unequivocally treating a tenancy as at an end the law has no business to insist on its continuance.’

Judges:

Lord Justice Thorpe

Citations:

Times 01-Apr-1999, [1999] EWCA Civ 1030, [1999] 1 WLR 1279, [1999] L and TR 425, (2000) 32 HLR 100

Links:

Bailii

Statutes:

Matrimonial Homes Act 1983

Jurisdiction:

England and Wales

Citing:

Cited – London Borough of Brent v Sharma and Vyas CA 1992
A tenancy of a flat was granted to Miss Vyas. She occupied it with Mr Sharma. They later married. She moved out and was given the tenancy of a council house elsewhere. She then wrote to Brent, the landlords, to say she was no longer sharing with Mr . .

Cited by:

Cited – Ealing Family Housing Association Ltd v McKenzie CA 10-Oct-2003
The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended.
Held: There was no express surrender within . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Family

Updated: 05 December 2022; Ref: scu.145945

Rothschild and Others v Bell (a bankrupt) and Another: CA 18 Feb 1999

The right of one of two joint tenants of residential premises under a long lease at a low rent to hold over under the Act, is a right in property and so vests in his trustee on bankruptcy, and the trustee can disclaim it, thus removing any right of possession.

Citations:

Times 10-Mar-1999, [1999] EWCA Civ 823

Statutes:

Landlord and Tenant Act 1954 Part I

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 05 December 2022; Ref: scu.88874

Candy v Jubber: 1865

The plaintiff had been injured by a defective iron grating which was out of repair so as to amount to a nuisance. The property was occupied by a yearly tenant but the claim was brought against the reversioner, who was held liable by the Court of Queen’s Bench. The defendant appealed to the Court of Exchequer Chamber on the ground that it was not alleged that the defendant knew of the nuisance, nor that it had existed prior to the commencement of the yearly tenancy.
Held: A tenancy from year to year, however long it continues, is a single term, not a series of separate lettings. The case was settled, but in the undelivered judgment Erle CJ said: ‘There frequently is an actual demise from year to year so long as both parties please. The nature of this tenancy is discussed in 4 Bac. Arb. tit. Leases and Terms for Years . . and this article has always been deemed to be the highest authority being said to be the work of Chief Baron Gilbert. It seems clear that the learned author considered that the true nature of such a tenancy is that it is a lease for two years certain, and that every year after it is a springing interest arising upon the first contract and parcel of it, so that if the lessee occupies for a number of years, these years, by computation from time past, makes an entire lease for so many years, and after the commencement of each new year it becomes an entire lease certain for the years past and also for the years entered on, and that it is not a reletting at the commencement of the third and subsequent years. We think this is the true nature of a tenancy from year to year created by express words, and that there is not in contemplation of law a recommencing or reletting at the beginning of each year’.

Judges:

Erle CJ

Citations:

(1865) 9 B and S 15

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.272275

Kushner v Law Society: 1952

Judges:

Lord Goddard CJ

Citations:

[1952] 1 KB 264

Jurisdiction:

England and Wales

Cited by:

Cited – Long v Tower Hamlets London Borough Council ChD 20-Mar-1996
The parties had agreed for a lease, and the tenant entered possession, but no formal lease was executed. The tenant stopped paying rent in 1977 or 1984. He now claimed rectification of the registers to show him as proprietor. The landlord argued . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263775

McIntyre v ANR and Hardcastle: 1948

Citations:

[1948] 2 QB 82

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263956

Rowe d. Bamford v Hayley: 1810

The benefit of a break clause passes automatically with the term of the lease creating it.

Citations:

(1810) 12 East 464

Jurisdiction:

England and Wales

Cited by:

Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.263187

Griffith v Pelton: CA 23 Jul 1957

Claim for declaration as to exercise of break clause in a lease.

Citations:

[1957] EWCA Civ 4, [1958] 1 Ch 205, [1957] 3 All ER 75, [1957] 3 WLR 522

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.262830

Moore v Foley: 1801

Prima facie, a lessor will be taken not to have intended to create a perpetually renewable lease, but the court will give effect to such if there is in the lease clear evidence of such an intention.

Citations:

[1801] 6 Ves 232

Jurisdiction:

England and Wales

Cited by:

Cited – Marjorie Burnett Ltd v Barclay ChD 12-Dec-1980
A lease was created of a shop, dwellings and out-buildings. By clause 6 the tenant had a right to renew the lease, with the new lease creating the same provision. The defendant claimed that as a perpetually renewable lease it took effect as a lease . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 December 2022; Ref: scu.259707

EH Lewis and Son Ltd v Morelli: 1948

Where somebody with no legal estate purports to grant a tenancy, he can only create a tenancy by estoppel which continues until the true land-owner asserts his interest. Such a tenancy can be created even if only by word of mouth.

Citations:

[1948] 2 All ER 1021

Jurisdiction:

England and Wales

Landlord and Tenant, Estoppel

Updated: 04 December 2022; Ref: scu.259704

Moses Toms v Luckett: 1847

A lodger may in fact have exclusive possession of his room or rooms in a house, but that does not necessarily turn him into a tenant.

Judges:

Maule J

Citations:

(1847) 5 CB 23

Jurisdiction:

England and Wales

Cited by:

Cited – Vesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.251556

CE and KM Bowra (T/a Albion Properties) v Dwight Barker: 20 May 1998

A passing rent agreed between the parties on the renewal of a lease is some guidance, but not conclusive as to the rent which should be fixed by the court.

Judges:

Mance J

Citations:

Unreported, 20 May 1998

Statutes:

Landlord and Tenant Act 1954 34(1)

Jurisdiction:

England and Wales

Cited by:

Cited – Trans-World Investments Ltd v Dadarwalla CA 22-May-2007
Appeal against new rent fixed by court on renewal under the 1954 Act.
Held: The judge had erred by not considering the passing rent agreed between the parties pending determination by the court, and has also disregarded the rent of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.252481

Bostock v Bryant: 1990

When considering whether a payment has been paid by way of rent, the court looks to the explanation or reason for the payment, asking whether the payment is for exclusive use and occupation of the premises. In this case a payment by occupiers in respect of gas and electricity bills was not a payment of rent but rather payment of their part of the expenses of occupation.

Citations:

[1990] 2 EGLR 101

Jurisdiction:

England and Wales

Cited by:

Cited – Vesely v Levy and others CA 27-Apr-2007
The tenant appealed against a finding that her tenancy was a statutory shorthold tenancy following termination of an assured shorthold tenancy, or an assured tenancy. She moved in as a carer for the tenant of the trustee defendants. That arrangement . .
Cited – West Wiltshire District Council v Snelgrove and Snelgrove Admn 17-Mar-1997
The council appealed against the acquittal of the defendants of offences under the 1977 Act. The occupiers were there under an informal temporary tenancy. The owners wished to move back in. The tenants had not left on the day appointed and on the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.251558

Pender v Reid: 1948

When a court is asked whether a dwelling-house is let with other land, it must determine whether the land is the adjunct of the dwelling-house, or the dwelling-house the adjunct of the land.

Citations:

1948 SC 381

Jurisdiction:

Scotland

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.245815

Bonham-Carter v Hyde Park Hotel: 1948

A party claiming damage for breach of a covenant to repair in a lease must prove that damage.

Judges:

Goddard LCJ

Citations:

(1948) 64 TLR 177

Jurisdiction:

England and Wales

Cited by:

Cited – Crewe Services and Investment Corporation v Silk CA 2-Dec-1997
The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might . .
Cited – Latimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.245776

Ipswich Town Football Club v Ipswich Borough Council: 1988

Citations:

[1988] CLY 2029

Jurisdiction:

England and Wales

Cited by:

Considered – Laura Investments v Havering ChD 1992
The land was undeveloped when let to the tenant, who covenanted to build on it. On the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition as originally let.
Held: In the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.187394

Earl of Lonsdale v Attorney-General: 1982

The task of interpretation a lease has to be carried out against the background knowledge which would reasonably be available to the contracting parties in the situation in which they were at the time of the execution of the lease, applying the ordinary words in the meaning then applicable.

Citations:

[1982] 1 WLR 887

Jurisdiction:

England and Wales

Cited by:

Cited – Spring House (Freehold) Ltd v Mount Cook Land Ltd CA 12-Dec-2001
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
Cited – Joint London Holdings Ltd v Mount Cook Ltd; Mount Cook Ltd v Joint London Holdings Ltd and Another ChD 2-Mar-2005
A lease created in 1950 included a covenant that the premises should not be used for the business of a ‘victualler, vintner, tavern keeper, vendor of malt liquor, restaurant or coffee house keeper’ without the landlord’s consent. Declarations were . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.184141

Bracey 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 which a lease is granted. ‘… but no doubt the word is used sometimes in a popular sense which is considerably more restricted, in the sense of buildings, or buildings with land immediately adjoining them. In the popular sense it would not be said that some gallops on a downland with no buildings on or near them, could be described as ‘premises’. Sometimes in legislation ‘premises’ has been construed in a popular rather than in a legal sense.

Judges:

Cross J

Citations:

[1963] Ch 88

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Cited by:

Cited – Spring House (Freehold) Ltd v Mount Cook Land Ltd CA 12-Dec-2001
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
Cited – 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. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.184143

Mecca Leisure Ltd v Renown Investments (Holdings) Ltd: 1984

Citations:

[1984] 2 EGLR 137

Jurisdiction:

England and Wales

Cited by:

per incuriam – Starmark Enterprises Ltd v CPL Distribution Ltd CA 31-Jul-2001
The parties were landlord and tenant. The landlords served a notice to increase the rent, but the tenant failed to serve a counter-notice within the relevant period. The landlord claimed the tenant was bound, and appealed a decision against them. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.183492

Anon: 1587

The division of a great meadow into many parcels by the making of ditches is not waste, for the meadow may be the better for it, and it is for the profit and ease of the occupiers of it. If a termor convert a meadow into a hop garden it is not waste for it is employed to a greater profit and it may be a meadow again.

Citations:

(1587) 2 Leon 174, 74 ER 454

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.183000

Tennant Radiant Heat Ltd v Warrington Development Corporation: 1988

A property comprised a large building let on fully repairing leases of 22 units. The many rain outlets were allowed to become blocked, and water accumulated above one unit before that part of the roof collapsed. The landlord appealed a finding that since the roof was not comprised in any of the leases, there was an implied duty on it to repair the roof.
Held: There was no necessary implication of business efficacy to allow the implication of the term. The tenant was himself in breach for having failed to clear the outlet above his own property. The landlord was liable in nuisance for failing to clear the other rainwater outlets. The 1945 Act did not apply since the tenant’s failure was not tortious. Nevertheless, the tenant was liable as to 10%. ‘More importantly, however, for present purposes, the archaic and draconian rule of the common law which the 1945 Act was passed to override also has no application to the present case, since that rule had no relevance to a claim in, or in my judgment to a breach of, contract which was not also itself tortious. . . The problem which this court faces, on claim and counterclaim alike, is in my judgment a problem of causation of damage. On the claim, the question is how far the damage to its goods which the lessee has suffered was caused by the corporation’s negligence notwithstanding the lessee’s own breach of covenant. On the counterclaim, the question is how far the damage to the corporation’s building which the corporation has suffered was caused by the lessee’s breach of covenant, notwithstanding the corporation’s own negligence. The effect is that on each question, apportionment is permissible. This is the same result as the 1945 Act would produce, but it is not reached through the Act, because the obstacle which the 1945 Act was passed to override is not there on either claim or counterclaim in the present case.’ Croome-Johnson: ‘If the 1945 Act has no application, what is the position on the two claims? The evidence clearly indicates that the damage to the plaintiff’s premises was attributable to two concurrent causes, both operating contemporaneously. One was the defendant’s negligence and the other was the plaintiff’s breach of covenant . . . If the collapse had been caused by the combined negligence of the defendant and some third party, the plaintiff would have been entitled to recover all its damages from the defendant, leaving it to get contribution from its fellow tortfeasor . . . But that does not apply when the other cause comes from the plaintiff himself . . . A tenant who is in breach of his repairing covenant must pay for all the costs of repair or of the damage to the reversion. But the position is different if the covenantee is the selfsame landlord who has caused nine-tenths of the damage to the roof. . . . It is not possible, therefore, to allow both the claim and counterclaim in full and to set off the two awards of damages. Where one is dealing with two contemporaneous causes, each springing from the breach of a legal duty but operating in unequal proportions, the solution should be to assess the recoverable damages for both on the basis of causation.’

Judges:

Dillon LJ, Croom-Johnson LJ, Caulfield J

Citations:

[1988] 1 EGLR 41, [1988] 11 EG 71

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

England and Wales

Citing:

Distinguished – Barnes v City of London Real Property Co Ltd 1918
The landlord defendants had let various sets of rooms imposing on the tenants an obligation to pay a stated additional rent specifically for the cleaning of rooms by a house-keeper to be provided for the purpose. The agreements placed no express . .
Distinguished – Edmonton Corporation v Knowles (WM) and Son Ltd 1962
The court was able to imply from a provision in a lease obliging the tenant to pay to the landlords ‘the cost . . of painting in a workmanlike manner every third year of the term all outside wood and metal work and other external parts of the . .
Followed – Sleafer v Lambeth Borough Council CA 1959
The plaintiff held a weekly residential tenancy of the defendant local authority. The front door was defective and jammed. The tenancy agreement contained a covenant by the tenant to keep the flat in good and tenantable repair. When the tenant . .
Applied – Sedleigh-Denfield v O’Callaghan HL 24-Jun-1940
Occupier Responsible for Nuisance in adopting it
A trespasser laid a drain along a ditch on the defendant’s land. Later the defendants came to use the drain themselves. A grate was misplaced by them so that in a heavy rainstorm, it became clogged with leaves, and water flowed over into the . .
Cited – Leakey v The National Trust for Places of Historic Interest or Natural Beauty CA 31-Jul-1979
Natural causes were responsible for soil collapsing onto neighbouring houses in Bridgwater.
Held: An occupier of land owes a general duty of care to a neighbouring occupier in relation to a hazard occurring on his land, whether such hazard is . .
Followed – Hargroves, Aronson and Co v Hartopp CA 1905
The tenants of a building of which the defendants were landlords sought damages after a rainwater gutter became stopped up and the defendants failed to clear it out for a few days after receiving notice of the stoppage.
Held: The landlords . .
Distinguished – Grant v Sun Shipping Co 1947
. .
Distinguished – Forsikringsaktieselskapt Vesta v Butcher HL 1988
A contract of insurance and a facultative reinsurance, under which part of the original risk was reinsured, contained warranties in identical terms.
Held: The warranty in the reinsurance policy, which was governed by English law, should be . .

Cited by:

Cited – W Lamb Limited (Trading As The Premier Pump and Tank Company) v J Jarvis and Sons Plc TCC 31-Jul-1998
Contractors built a petrol station, and sub-contractors the underground piping. Leaks developed, and it was agreed to complete repairs, and apportion financial repairs through the court proceedings. In a case where a judge found it difficult to . .
Doubted – Bank of Nova Scotia v Hellenic Mutual War Risks Association (Bermuda) Ltd (The Good Luck) CA 1990
When a contract is to be construed purposively, the court must look to the purposes of both parties, not just one of them. No apportionment was to be applied under the 1945 Act: ‘Similarly, we think that the facts and circumstances of the present . .
Cited – Jackson v J H Watson Property Investment Ltd QBD 7-Jan-2008
The tenant claimant held under a 125 year lease of the defendant. A fault in a light well led to water ingress and damage. The fault was in the landlord’s land but not the flat. The tenant alleged a nuisance by the landlords. The landlord replied . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Nuisance, Damages

Updated: 01 December 2022; Ref: scu.182954

Avon Ground Rents Ltd v Cowley and Others: CA 29 Oct 2019

The landlord of a mixed commercial and private housing property, intending to carry out needed repairs, requested advance payment from the tenants to cover the costs. The tenants objected that a large part of the costs would be covered in due course by a third party under a constructor’s warranty.
Held: The landlord’s appeal failed. Whether any sum was reasonably requested from a lessee in advance under section 19(2) of the 1985 Act was not decided by applying any set of rigid rules but was to be assessed in the light of the facts of the particular case.

Judges:

McCombe, Coulson, Nicola Davies LJJ

Citations:

[2019] EWCA Civ 1827, [2019] WLR(D) 594, [2020] 1 WLR 1337, [2020] L and TR 2, [2020] HLR 6

Links:

Bailii, WLRD

Statutes:

Landlord and Tenant Act 1985 19(2)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 December 2022; Ref: scu.651065