Category: Landlord and Tenant

Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

The handing back of keys without more does not of itself constitute a lease surrender. The passage in Tarjoumi as to implied surrender would have been more correct if there was added the phrase: ‘or such as to render it inequitable for the landlord to dispute that the tenancy has ceased.’ Where a new lease was to be granted, any implied surrender would occur only on the grant of the new lease. The circumstances must be such as to render it inequitable for the landlord or the tenant to dispute that the tenancy has ended.

Judges:

Schiemann LJ

Citations:

Times 17-Jul-1995, (1995) 72 PandCR 388, [1996] 1 EGLR 89

Statutes:

Law of Property (Miscellaneous Provisions) Act 1989

Jurisdiction:

England and Wales

Citing:

Cited – Tarjomani v Panther Securities Ltd CA 1983
The tenant disputed whether he had surrendered the property in the lease.
Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates . .

Cited by:

Cited – Bellcourt Estates Ltd v Adesina CA 18-Feb-2005
The landlord sought to recover arrears of rent. The tenant said that she had surrendered the lease of the properties. The judge had held that she ceased to occupy the premises from November 2000, after which the landlord did not send a demand for . .
Cited – Artworld Financial Corporation v Safaryan and Others CA 27-Feb-2009
The parties disputed whether the landlord had accepted the surrender of a lease. The tenant had handed in the keys. The landlord claimed rent for the subsequent period. The court had found surrender by operation of law, the landlord taking several . .
Cited – QFS Scaffolding Ltd v Sable and Another CA 17-Jun-2010
The parties disputed whether a lease from S to LDC had been surrendered. S and QFS were negotiating for a renewal lease. No new lease having been agreed the parties agreed to a monthly sum to be paid pending agreement. L then let to a third party . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.85063

Kaur v Gill: CA 15 Jun 1995

A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was distinguished because on the basis that the common law damages were awarded here not for the loss of occupation, but for the breach of the covenant for quiet enjoyment.

Judges:

Auld LJ, Nourse LJ, Kennedy Lj

Citations:

Times 15-Jun-1995

Statutes:

Housing Act 1988 27 28

Jurisdiction:

England and Wales

Citing:

Cited – Mason v Nwokorie CA 19-Oct-1993
General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.82685

Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd: CA 19 Jul 1995

A notice exercising a tenant’s or landlord’s right to break a lease, must be given precisely as required by the break clause in the lease.
Nourse LJ said that the last moment of time on one day is not the same as the first moment of time on the next: ‘The two moments of time, albeit separated by an immeasurable stroke of midnight, have always been treated as separate’, and ‘If a notice clearly and specifically purports to determine a demise for a fixed term on a date not authorised by the lease, the date cannot be corrected simply because it is clear, first, what the correct date ought to be, secondly, that the wrong date was inserted by a slip and, thirdly, that the recipient might guess or even be certain that that was what happened. An exception can only be made where the date specified is an impossibility, either because it has passed or because it is on some other ground inconceivable that it was the date intended.’

Judges:

Nourse LJ

Citations:

Times 19-Jul-1995, Gazette 06-Sep-1995, [1995] 1 WLR 1508

Jurisdiction:

England and Wales

Citing:

Distinguished – Sidebotham v Holland CA 1895
A house was let to the defendant as a yearly tenant ‘commencing on May 19 instant’, and on 17th November the landlord served a notice to quit ‘on 19th May next’.
Held: It related to a point of time which was held to be common to both dates and . .

Cited by:

Appeal from – 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: 21 January 2023; Ref: scu.83383

Friends Provident Life Office v British Railways Board: CA 31 Jul 1995

An obligation taken on by a subsequent assignee cannot affect liability of original Tenant or surety. Variation of tenancy without intention to create new tenancy does not end surety.

Citations:

Times 31-Jul-1995, Independent 14-Sep-1995

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.80692

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 and factored into the rents.
Held: The site owner’s appeal succeeded. The company had properly increased the rent to reflect the change.

Judges:

Simon Brown LJ, Rattee J

Citations:

Gazette 27-Jun-1999, [1999] EWCA Civ 1568

Statutes:

Mobile Homes Act 1983

Jurisdiction:

England and Wales

Citing:

Appeal from – Howard and others v Kinvena Homes Limited CA 19-Mar-1999
Application for leave to appeal – granted. . .
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 – Walker v Badcock CA 24-Jun-1997
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 January 2023; Ref: scu.81500

Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy.

Judges:

Stuart-Smith and Laws L.JJ. and Jonathan Parker J.)

Citations:

Times 01-Jun-1999, Gazette 03-Jun-1999, Gazette 09-Jun-1999, [1999] EWCA Civ 1470, [1999] 1 WLR 1689, [1999] L and TR 481

Links:

Bailii

Statutes:

Rent Act 1977 98(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Cadogan Estates Limited v McMahon HL 26-Oct-2000
When a tenancy was terminated and was followed by a statutory tenancy, a term in the contractual tenancy that the tenancy should be forfeit on the tenant’s bankruptcy was continued in and inherited by the statutory tenancy. Though perhaps in . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing, Insolvency

Updated: 21 January 2023; Ref: scu.78822

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’.
Held: Judge Marshall said that it did not, because the receipt of hot water by the tenants from the boiler did not amount to their ‘use’ of the boiler house.

Citations:

[2007] 1 EGLR 121

Statutes:

Leasehold Reform Housing and Urban Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 31 December 2022; Ref: scu.652377

Cadogan v Panagopoulos and Another: ChD 15 Mar 2010

‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC held that the lease granted by the freeholder in the circumstance of this case was caught by the anti-avoidance provisions in section 19[1] on several grounds. With leave granted by Peter Smith J, the freeholder appeals against that decision.’

Judges:

Roth J

Citations:

[2010] EWHC 422 (Ch), [2010] 2 EGLR 151, [2010] 3 WLR 1125, [2010] L and TR 13, [2011] 1 P and CR 7, [2010] NPC 33

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993

Jurisdiction:

England and Wales

Citing:

Cited – Cadogan v McGirk CA 25-Apr-1996
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 . .

Cited by:

Appeal from – Cadogan and Another v Panagopoulos and Another CA 11-Nov-2010
The court was asked whether a caretaker’s flat was within the ‘common parts’ of the relevant premises for the purposes of Part I of the 1993 Act. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.402732

Webb v Rhodes: 2 May 1837

Lessor and lessee, in the presence of lessor’s attorney, signed an agreement that a lease should be prepared by lessor’s attorney, and paid for by lessee. The lease was prepared accordingly, but lessor, who had only a life estate, dying, the lease was never executed :-Held, that lessor’s attorney was entitled to recover of lessee the charge for drawing the lease.

Citations:

[1837] EngR 690, (1837) 3 Bing NC 731, (1837) 132 ER 593

Links:

Commonlii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.313807

Galvano Enterprises Ltd v Orionvink Bv: CANI 20 Oct 1999

Appeal by way of case stated against a decision of the Lands Tribunal for Northern Ireland sitting as arbitrator. The issue is the correct interpretation of a rent review clause in a lease of commercial premises and the assumptions which an arbitrator should make in fixing the rent to be payable by the tenant following the review.

Citations:

[1999] NICA 11

Links:

Bailii

Jurisdiction:

Northern Ireland

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.263912

Kirkwood v Johnson: CA 1979

Judges:

Ormrod LJ, Geoffrey Lane LJ

Citations:

(1979) P and CR 392

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Cited by:

Cited – Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others CA 28-Aug-2002
Renewed application for leave to appeal against grant of an order that tenancy of car parking spaces be extended under the 1954 Act when enjoyed with occupation of public house.
Held: The appeal was arguable and should proceed. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.242686

Hart v London Borough of Brent: CA 23 Sep 1995

The applicant sought leave to appeal an order for possession of the property he held under a tenancy of the local authority. There had been almost no rent paid.
Held: After several opportunities to pay the rent, the arrears had merely grown, and could not now be realistically repaid. The appeal had no prospect of success, and leave was refused.

Judges:

Lord Justice Butler-Sloss Lord Justice Roch

Citations:

[1995] EWCA Civ 4

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.140363

Eshraghi and Others v 7/9 Avenue Road (London House) Ltd (Landlord and Tenant – Service Charges): UTLC 2 Jul 2020

LANDLORD AND TENANT – SERVICE CHARGES – jurisdiction of FTT to consider payability of sums drawn from reserve account – whether justiciable only in court proceedings because involving an allegation of breach of trust – recoverability of costs incurred in proceedings over control of corporate landlord and in disputes between landlord and individual leaseholders – payability of corporate accountancy fees – whether fees of managing agent unreasonable – sections 19 and 27A, Landlord and Tenant Act 1985 – appeal allowed in part

Citations:

[2020] UKUT 208 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.652178

Grand v Gill: CA 19 May 2011

The tenant appealed against an order made in her favour on a finding of breach of covenant by her landlord.

Judges:

Thomas, Lloyd, Rimer LJJ

Citations:

[2011] EWCA Civ 554, [2011] 27 EG 78, [2011] NPC 50, [2011] 1 WLR 2253, [2011] 21 EG 95, [2011] 3 All ER 1043, [2011] HLR 37

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Damages

Updated: 20 December 2022; Ref: scu.439869

Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party.
Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 Act.
Criticising the anomalies under the Act, Sir Thomas Bingham MR said: ‘Nothing in section 12 imposes on the new landlord a duty not to dispose of his interest, such as is imposed on the original landlord by section 6(1). It is unclear why not. There is nothing in section 12 which gives the tenants a right to require a subsequent purchaser from the new landlord to dispose of his interest to the tenants’ nominees. A limited right is given by section 16, but it is not equivalent to the right given by section 12(1) against the new landlord. It is again unclear why not. Counsel discounted the suggestion that an acceptance notice under section 6(1)(b) or a purchase notice under section 12(1) might create a equitable interest in the land capable of registration as a land charge or protection by a caution, and I am not inclined to disagree. But one could wish that the Act provided as many answers as it raised problems.’
‘A purchase notice must give adequate notice to the new landlord of the qualifying tenants’ desire to purchase the estate or interest that they should have been offered by the original landlord. That is imperative, in the sense that it must be followed to the letter, but some of the other requirements of section 12 are only directory.’
Sir Thomas Bingham MR described the work of the committee upon whose work the 1987 Act had been founded: ‘the committee intended occupying tenants to have a right to acquire the reversion to their leases when their landlord proposed to part with it, and that the ultimate objective was to give the tenants in a block where the majority wanted it a power to manage the block themselves and so to have a greater say in their own affairs.’

Judges:

Sir Thomas Bingham MR, Hobhouse LJ

Citations:

[1996] 1 All ER 312, [1997] QB 858

Statutes:

Landlord and Tenant Act 1987 5

Jurisdiction:

England and Wales

Citing:

Cited – Denetower Ltd v Toop CA 1991
The tenants sought to acquire the freehold under the Act. The landlord sought to exclude the gardens and other appurtenancies.
Held: They had been included in the demise of the flats and were to be included in the title to be purchased. The . .
Cited – District Bank v Webb 1958
The court was asked whether a lease constituted an incumbrance on a title: ‘In the first place, I am not satisfied that a lease was an incumbrance to these parties. It is true that in certain circumstancess a lease may be regarded as an incumbrance, . .
Cited – Nolan v Eagle Wharf Developments Ltd LVT 1992
Tenants set out to purchase the freehold under the Act. The landlord had later granted a lease of the roof-space and of a car park. The tenant under that new lease did not come within section 4(2).
Held: The tenants acquired the freehold free . .
Cited – Jones v Wrotham Park Settled Estates HL 1979
An attempt to determine the meaning of an enactment should not cross the boundary between construction and legislation: ‘My Lords, I am not reluctant to adopt a purposive construction where to apply the literal meaning of the legislative language . .
Cited – Englefield Court Tenants v Skeels LVT 1990
Tenants sought to exercise their rights to purchase the freehold under the 1987 Act. The landlord had granted a reversionary lease of part to her husband.
Held: The tenants took the freehold subject to the lease. . .
Cited – W T Ramsay Ltd v Inland Revenue Commissioners HL 12-Mar-1981
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out.
Held: If the true nature . .
Cited – Furniss (Inspector of Taxes) v Dawson HL 9-Feb-1983
The transfer of shares to a subsidiary as part of a planned scheme immediately to transfer them to an outside purchaser was regarded as a taxable disposition to the outside purchaser rather than an exempt transfer to a group company. In defined . .
Cited – Gisborne v Burton CA 1988
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the . .
Cited – Hilton v Plustitle Ltd CA 1988
The landlord and the ‘tenant’ specifically agreed that the tenancy should be granted to a limited company formed by the tenant, which it was legitimate for them to do so as to avoid the Rent Acts, and the tenant had taken legal advice.
Held: . .

Cited by:

Cited – Kay-Green and Others v Twinsectra Limited CA 15-May-1996
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell . .
Cited – M25 Group Limited v Tudor and others CA 4-Dec-2003
Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants’ addresses as required under the Act.
Held: The addresses were . .
Cited – Englewood Properties Limited v Patel and Another ChD 16-Feb-2005
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
Cited – Kensington Heights Commercial Company Ltd v Campden Hill Developments Ltd CA 21-Mar-2007
The head landlord had accepted a surrender of the head lease and granted a new lease. but for a longer term. The claimant company sought, on behalf of the qualifying tenants of the estate, an order for the disposal to it of the original lease under . .
Cited – Bankway Properties Ltd v Penfold-Dunsford and Another CA 24-Apr-2001
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit . .
Cited – Mainwaring and Yeoman’s Row Management Limited v Trustees of Henry Smith’s Charity (No 2) CA 3-Oct-1996
The tenants had sought to purchase the freehold under the 1987 Act. One tenant having signed an ‘irrevocable’ agreement to participate, withdrew his involvement in the purchase, and the remaining number of tenants were no longer a sufficient . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.194051

British Telecommunications Plc v Sun Life Assurance Society Plc: CA 3 Aug 1995

A landlord became in breach of his duty of repair under his covenant immediately the repairable defect occurred, not after a reasonable time had been given to make the repair. Nourse LJ summarised the earlier authorities: ‘It is now established by a line of authority culminating in the decision of the House of Lords in O’Brien v Robinson [1973] AC 912 that, where a defect occurs in the demised premises themselves, a landlord is in breach of his obligation to keep them in repair only when he has information about the existence of the defect such as would put a reasonable landlord on inquiry as to whether the works of repair to it are needed and he has failed to carry out the necessary works with reasonable expedition thereafter . .’

Judges:

Nourse LJ

Citations:

Times 03-Aug-1995, Gazette 20-Sep-1995, Independent 12-Sep-1995, [1996] Ch 69

Jurisdiction:

England and Wales

Citing:

Cited – O’Brien v Robinson HL 19-Feb-1973
The plaintiffs sought damages after being injured when the ceiling of their bedroom fell on them. They were tenants of the defendants.
Held: The 1961 Act implied a duty on L to keep in repair the structure. What was meant by ‘keep in repair.’ . .

Cited by:

Cited – Princes House Ltd and Another v Distinctive Clubs Ltd CA 27-Mar-2007
The landlord sought payment of arrears of service charge. The tenants counterclaimed that the landlord had failed to comply with its repairing obligation, and relied on a cap on the service charge in the lease. . .
Cited – Sykes v Harry and Trustee of Estate of Harry, a Bankrupt CA 1-Feb-2001
The tenant appealed dismissal of his claim for damages. He had suffered serious injury after inhaling carbon monoxide fumes from a defective gas fire. The fire had not been maintained and a fall of soot eventually prevented the escape of fumes.
Cited – Edwards v Kumarasamy SC 13-Jul-2016
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.78645

Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not demonstrated the unsoundness of registered fair rent comparables.
Held: The decision was upheld. A fair rent is a market rent ignoring personal circumstances and scarcity. Comparables were wrongly rejected where discounting for scarcity and security possible. Fair rents were based on market rents, less scarcity and other disregards, and were not reasonable rents in any other sense including their impact on tenants. The Court gave general guidance to rent assessment committees making it clear that they were expected to follow market rent comparables as the best evidence of the starting point for fair rents, to give clear reasons and to explain their determinations with arithmetic if necessary. A ‘fair rent’ under the 1977 Act is the same as a ‘market rent’ under the 1988 Act save for the assumption of no scarcity and allowing for the statutory’disregards’, and that, in assessing a fair rent, regard should be had to market rent comparables if any: ‘… the fair rent to be determined is a market rent less the disregards and discounted for scarcity. Thus, … if there is no scarcity and no disregards then the rents should be the same whether the tenancy is a regulated tenancy or an assured tenancy.’
A fair rent is an adjusted market rent and market rent comparables are relevant to the assessment of a fair rent: ‘In this case there are a number of flats in the same block let on assured tenancies at, by definition, open market rents which are virtually identical to those for which a fair rent is to be determined. In my judgment if, in those circumstances, a Rent Assessment Committee wishes to exercise its discretion to adopt some other comparable or method of assessment it will be failing in its duty to give reasons if it does not explain why.
In this case the third reason given by the Rent Assessment Committee as recorded by the judge was that the registered rent comparables had not been demonstrated to be unsound. That is not, of course, a reason for rejecting the assured tenancy comparables. It is not for the court to say in advance what would be a good reason for doing so but if such a reason involves ‘working through’ such comparables so be it: that consequence is no ground for rejecting the validity of its cause. But it should also be noted that the registered rent comparables are not in their nature any more or less sound than the open market rent with or without discount. Any registered rent has built into at least two variables namely the open market rent and the discount for scarcity. Each should have been considered at the time of the original determination. The assessment of the soundness of that registered rent for use as a comparable would require each of those variables to be reconsidered at the time of their possible use as a comparable.
In this connection it was also objected that if the Rent Assessment Committee were required to give detailed reasons that might necessitate giving detailed arithmetical workings or quantifying the degree of scarcity involved contrary to statements in Guppy’s Property v. Knott No 1 … and Metropolitan Properties v. Laufer … But those statements were made in relation to the facts of those cases. It does not follow that there will not be cases in which the duty to give reasons will require such workings or quantification to be afforded.’

Judges:

Glidewell LJ. and Sir John May

Citations:

Ind Summary 28-Aug-1995, Times 09-Aug-1995, (1995) 28 HLR 107, [1995] 2 EGLR 80

Statutes:

Rent Act 1977 70(1)

Jurisdiction:

England and Wales

Citing:

Appeal from – Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee QBD 13-Jul-1994
The rent assessment committee had rejected proposed market rent comparables as an indicator of market rent for the premises, because they were not satisfied of the actual absence of scarcity. The landlord had not demonstrated the unsoundness of . .

Cited by:

Cited – Sheppard-Capurro, Regina (on the Application of) v London Rent Assessment Panel Admn 27-Jul-2005
. .
Cited – Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford CA 9-Oct-1997
The claimant sought to appeal the quashing of determinations of a fair rent for two properties. . .
See also – Spath Holme Ltd v Chairman of the Greater Manchester and Lancashire Rent Assessment Committee (No2); Curtis v Similar QBD 2-Jan-1998
A Bill of costs could be presented even though counsel’s fee had not yet been agreed; an extension of time was properly granted. . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 20 December 2022; Ref: scu.89447

Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

The background to this appeal is a dispute about service charges; but the main issue is procedural. Its principal focus is the power of the First Tier Tribunal (‘the FTT’) to review one of its decisions, following an application for permission to appeal to the Upper Tribunal (‘the UT’).

Citations:

[2020] EWCA Civ 795

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 December 2022; Ref: scu.651926

Co-operative Wholesale Society Ltd v National Westminster Bank plc: CA 1995

The court considered the proper construction of rent review clauses in several cases. The underlying result which the landlords sought in each case was the same.
Held: It was a most improbable commercial result. Where the result, though improbable, flowed from the unambiguous language of the clause, the landlords succeeded, whereas where it did not, they failed. The ordinary principles of construction applied to rent review clauses.
Hoffmann LJ discussed Lord Diplock’s admonition that in a commercial contract too much weight should not be given to ‘detailed semantic and syntactical analysis of words . . [if it] is going to lead to a conclusion that flouts business commonsense’ and said: ‘This robust declaration does not, however, mean that one can rewrite the language which the parties have used in order to make the contract conform to business commonsense. But language is a very flexible instrument and, if it is capable of more than one construction, one chooses that which seems most likely to give effect to the commercial purpose of the agreement.’
Simon Brown LJ said that, having regard to the improbable result for which the landlords contended, only the most unambiguous of such clauses could properly be found to bear the landlords construction and that in the case of only one of the leases did the clause ‘unambiguously . . achieve the improbable result for which the landlords contend’, though as to two fo the cases, ‘For my part, I would accept that the more obvious reading of both favours the landlord’s construction. I am persuaded, however, that they are capable of being, and therefore, for the reasons already given, should be, construed differently.’

Judges:

Hoffmann, Leggatt and Simon Brown LJJ

Citations:

[1995] 1 EGLR 97

Jurisdiction:

England and Wales

Citing:

Cited – Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’) HL 1984
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them.
Held: Though he deprecated extending the use of the . .

Cited by:

Cited – Oxonica Energy Ltd v Neuftec Ltd PatC 5-Sep-2008
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement.
Held: ‘The secret of drafting legal . .
Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .
Cited – Kookmin Bank v Rainy Sky Sa and Others CA 27-May-2010
The defendant bank appealed against summary judgment given on a claim on its obligations under an advance payment bond given to support ship-building contracts.
Sir Simon Tuckey (dissenting) said: ‘There is no dispute about the principles of . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.273181

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 another tenant.
Held: The defendant’s appeal against a ruling that a landlord was under no duty to mitigate his loss failed. The need to mitigate a loss arose for other breaches of covenant, but not in the case of arrears of rent.
Lloyd LJ said: ‘on the present state of English law, the . . defence on quantum is not open to him. I do not decide whether or not repudiation plays any, and if so what, part in the English law of landlord and tenant. That is not directly in issue before us. . . There is, however, no case in English law that shows that a landlord can recover damages from a former tenant in respect of loss of future rent after termination, and there is at least one case which decides that he cannot. In those circumstances, either damages are not an adequate remedy for the landlord, or at least the landlord would be acting reasonably in taking the view that he should not terminate the lease because he may well not be able to recover such damages. In principle, moreover, if the landlord chooses to regard it as up to the tenant to propose an assignee, sub-tenant or, if he wishes, a substitute tenant under a new tenancy, rather than take the initiative himself, that is not unreasonable, still less wholly unreasonable.’

Judges:

Lord Justice Auld, Lord Justice Rix and Lord Justice Lloyd

Citations:

[2006] EWCA Civ 1659, [2007] Bus LR 41

Links:

Times, Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Boyer v Warbey CA 1953
The tenant had vacated without notice, whereas he was bound to give three months’ notice. The landlord did re-let, and sued for the rent due up to the date of the re-letting (some three months) which the tenant resisted, claiming that the landlord . .
Cited – Total Oil Great Britain Ltd v Thompson Garages (Biggin Hill) Ltd CA 1972
The defendants held a lease from the plaintiffs of a garage, the lease containing a solus-site agreement, preventing the defendants from selling any petrol but the plaintiffs’ and requiring the defendants to pay for petrol on delivery. The . .
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 . .
Cited – Vickers and Vickers v Stichtenoth Investments Pty Ltd 1989
(Supreme Court of South Australia) The court considered whether a landlord faced with a tenant who had vacated the property was under a duty to mitigate his losses: ‘There is no reason why in modern times mitigation of damage should not apply. It is . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
See Also – Reichmann and Another v Gauntlett and Another CA 20-Jun-2006
Application for leave to appeal. Defendant tenant arguing that landlord had duty to mitigate losses after tenant vacates premises. Leave granted. . .
Cited – United Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .
Cited – National Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Bhogal v Cheema 1999
The court considered a claim by the landlord that a surety under a lease which had been disclaimed by the liquidator of the tenant company was liable for rent arrears. The surety replied that after the disclaimer, the landlord was obliged to . .
Cited – Gator Shipping Corporation v Trans-Asiatic Oil Ltd, The Odenfeld 1978
The parties entered into charter for a basic period of ten years. After the first two years the charter hire rate was to be assessed by the London Tanker Broker Panel, subject to a minimum. A side letter from the owners to the defendants contained a . .
Cited – Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago CA 1976
The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs . .
Cited – Ocean Marine Navigation Ltd v Koch Carbon Inc (‘The Dynamic’) ComC 31-Jul-2003
The arbitrator had held in favour of the charterers that the owners were limited to damages and could not claim hire. The owners appealed.
Held: The arbitrator had not applied the law correctly in rejecting the owners’ claim to hire, and he . .
Cited – Walls v Atcheson CCP 19-Apr-1826
The tenant took premises for a year, occupied them and paid rent for a quarter and then left. The landlord re-let the premises a few weeks later, at a slightly lower rent, and they remained let for some months, but they were empty for the last two . .
Cited – Norwich Union Life Insurance Society v Low Profile Fashions Ltd CA 1952
The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be restrained from pursuing a remedy against the original tenant when, with the new alternative remedies against . .
Cited – 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 . .
Cited – 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 . .
Cited – Maridakis v Kouvaris 1975
(Supreme Court of the Northern Territory, Australia) The tenant walked out on a lease. He returned the keys and left the premises. The landlord then closed and secured the premises and sought a replacement tenant. The landlord was, however, very . .
Cited – Highway Properties Ltd v Kelly, Douglas and Co 1-Feb-1971
(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to . .
Cited – Clea Shipping Corp v Bulk Oil International, The Alaskan Trader (No 2) 1984
The 24 month charterparty vessel suffered a major engine breakdown after nearly a year. The repairs would take several months. The charterers said they had no further use for the vessel but the owner did the repairs and sought to hold the charterers . .

Cited by:

Cited – Broadway Investments Hackney Ltd v Grant CA 20-Dec-2006
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.246994

Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief and asserted that he himself had a contract to purchase the property from the authority. The court had found it to be a business tenancy, and that since the defendant could not afford to discharge the arrears within two years, possession was ordered. The defendant appealed claiming protection as an assured residential tenant. The landlord now appealed.
Held: The tenancy was a business tenancy. As soon as a significant part of the premises was let for business purposes as was undoubtedly the case here, the tenancy was regulated by the 1954 Act, and could not be an assured tenancy.

Judges:

Sir Anthony Clarke MR, Lloyd LJ, Leveson LJ

Citations:

Times 04-Jan-2007, [2006] EWCA Civ 1709

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Citing:

Cited – Barton v Fincham CA 1921
Where the court lacks jurisdiction, jurisdiction cannot be conferred merely by the consent of the parties. Atkin LJ said: ‘but apart from such an admission the Court cannot give effect to an agreement, whether by way of compromise or otherwise, . .
Cited – Norwich Union Life Insurance Society v Low Profile Fashions Ltd CA 1952
The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be restrained from pursuing a remedy against the original tenant when, with the new alternative remedies against . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
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 . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .
Cited – White and Carter (Councils) Ltd v McGregor HL 6-Dec-1961
Contractor not bound to accept Renunciation
Mr McGregor contracted with the appellants for them to display advertisements for three years on litter bins. The contract was made on his behalf by an employee, without specific authority. On the day it was made, he sought to cancel the contract. . .
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
Cited – Pirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.247481

Jeune v Queens Cross Properties Ltd: 1974

The lease contained a covenant by the landlord to carry out repairs. A balcony of his, not within the area let, was at risk of collapsing.
Held: Damages alone would be not an adequate remedy. The court ordered specific performance of the landlord’s covenant.

Citations:

[1974] Ch 97

Jurisdiction:

England and Wales

Cited by:

Cited – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 12 December 2022; Ref: scu.245599

Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore continued the business. By the time it was sold the arrears were much larger. The arrears were recovered from the claimants who now claimed under his indemnity. There had however been a rent review which was delayed. The defendant said that section 17 of the 1995 Act prevented the increase in rent being backdated more than six months, and that it need only indemnify the claimant for payment of sums for which it had an obligation to pay, and that the section 17 notices were incorrect.
Held: The rent was due at the date of its accrual, and not at the date upon which it could be demanded on completion of the review.

Judges:

Mr Justice Hart

Citations:

[2006] EWHC 821 (Ch), [2006] 4 All ER 524

Links:

Bailii

Statutes:

Landlord and Tenant (Covenants) Act 1995, Land Registration Act 1925 24(1)(b), Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 (SI No 1995/2964)

Jurisdiction:

England and Wales

Citing:

See Also – Scottish and Newcastle Plc v Raguz ChD 27-Jul-2004
The claimant had previously assigned its interest in a lease to the defendant, who had in turn re-assigned it. The eventual tenant became insolvent, and the landlord had recovered sums from the claimant who now sought an indemnity under the covenant . .
See Also – Scottish and Newcastle Plc v Raguz CA 24-Jul-2003
Leases had been granted. They had been assigned to the defendant who had assigned them again. The last assignee became insolvent and statutory demands were served on the claimant under the 1995 Act for rent. The claimant paid the sums due and now . .
Cited – Allied London Investments Ltd v Hambro Life Assurance Ltd (No 2) ChD 1984
The lessors sued the original lessees for rent due under the lease after the term had been assigned to another. The lessors had given a licence to assign and the licence contained a guarantee from a third party to the lessors that the assignee would . .
Cited – United Scientific Holdings v Burnley Borough Council HL 1978
The House was asked whether a failure by a lessor to keep strictly to the timetable laid down in a rent review clause in a lease necessarily deprived the lessor of the benefit of the rent review.
Held: A stipulation as to time in an option . .
Cited – South Tottenham Land Securities Ltd v R and A Millett (Shops) Ltd CA 1984
The court considered on what date the increased rent determined by a rent review fell due for payment.
Held: O’Connor LJ refused the appeal: ‘If the parties choose to put into a lease that rent is due on quarter days, then there are good . .
Cited – Jervis v Harris CA 9-Nov-1995
A provision in the lease obliged a tenant to carry out repairs and provided that if he did not do so, the landlord might do the repairs and recover from the tenant the costs and expenses of doing so.
Held: The provision was not a penalty. The . .

Cited by:

Appeal from – Scottish and Newcastle Plc v Raguz CA 6-Mar-2007
The claimant was the original tenant under two 99 year underleases granted in 1967, and assigned them to the defendant who then himself assigned them. The eventual assignee had become insolvent. The landlord recovered the rents from the claimant who . .
At First Instance – Scottish and Newcastle Plc v Raguz HL 29-Oct-2008
The lease had been assigned by the claimant to the defendant and on again to a tenant who became insolvent. The landlord had recovered sums said to be due from the claimant who now sought an indemnity from the defendant. The defendant said that the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.240344

Montross Associates Investments SA v Moussaieff: CA 1992

A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, ‘but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or travel agency or recognised bank the authorised name of which includes the word ‘Bank”.
Held: The appeal failed. There was no breach of the covenant whether it was positive or negative.

Citations:

[1992] 1 EGLR 55

Jurisdiction:

England and Wales

Citing:

Appeal from – Montross Associates Investments SA v Moussaieff ChD 1990
A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, ‘but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or . .

Cited by:

Cited – Blumenthal v The Church Commissioners for England CA 13-Dec-2004
The respondent argued that the power given to the Lands Tribunal by the section, did not extend to a power to vary a positive covenant.
Held: It could not be right to construe the obligation in the lease as a positive obligation rendering the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.220275

Cadogan v McGirk: CA 25 Apr 1996

The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature.
Millet LJ said: ‘It would, in my opinion, be wrong to disregard the fact that, while the Act may to some extent be regarded as expropriatory of the landlord’s interest, nevertheless it was passed for the benefit of tenants. It is the duty of the court to construe the Act fairly and with a view, if possible, to making it effective to confer on tenants those advantages which parliament must have intended them to enjoy.’ and (obiter)
‘[The expression ‘the terms of the lease’ would ordinarily refer to the covenants and conditions of the lease rather than the extent of the demise. But s 57 (1) provides for the terms of the existing lease to be modified (inter alia) to exclude from the new lease property included in the existing lease but not forming part of the flat. This is an indication that the expression ‘terms of the existing lease’ may need to be given a wider interpretation than would be usual’.
Millett LJ said of the 1993 Act: ‘It would, in my opinion, be wrong to disregard the fact that, while the Act may to some extent be regarded as expropriatory of the landlord’s interest, nevertheless it was passed for the benefit of tenants. It is the duty of the court to construe the 1993 Act fairly and with a view, if possible, to making it effective to confer on tenants those advantages which Parliament must have intended them to enjoy.’

Judges:

Millet LJ, Waite LJ, Thorpe LJ

Citations:

[1996] 2 EGLR 75, [1996] 4 All ER 643, [1996] EWCA Civ 1340, [1996] 39 EG 175, (1996) 72 P and CR D47, [1996] NPC 65, (1997) 29 HLR 294

Links:

Bailii

Statutes:

Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993

Jurisdiction:

England and Wales

Citing:

Cited – Methuen-Campbell v Walters CA 1978
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately . .
Cited – Jones v Wrotham Park Settled Estates HL 1979
An attempt to determine the meaning of an enactment should not cross the boundary between construction and legislation: ‘My Lords, I am not reluctant to adopt a purposive construction where to apply the literal meaning of the legislative language . .
Cited – Manson v Duke of Westminster CA 1981
CS Stephenson LJ said: ‘I would . . regard the expropriatory nature of the 1967 Act as of little weight in construing its provisions . .’ . .

Cited by:

Cited – Malekshad v Howard De Walden Estates Limited CA 23-May-2001
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was . .
Cited – Richmond Housing Partnership Ltd v Brick Farm Management Ltd QBD 28-Jul-2005
The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from . .
Cited – Cadogan and others v 26 Cadogan Square Ltd, Howard de Walden Estates Limited v Aggio and others HL 25-Jun-2008
In each case all or part of a building was let by a head-lease and then as self-contained units under sub-leases. The head lessees had served notices under the 1993 Act requiring new leases. The freeholder denied that they were qualifying tenants, . .
Cited – Day and Another v Hosebay Ltd SC 10-Oct-2012
The Court considered the provisions for leasehold enfranchisement now that the residence requirement had been removed by the 2002 Act, and in particular the extent to which, at all, it had allowed enfranchisement to be available to commercial . .
Cited – Cadogan v Panagopoulos and Another ChD 15-Mar-2010
‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.192027

Pennell v Payne: CA 1995

The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies.

Judges:

Lord Justice Simon Brown’s

Citations:

[1995] QB 192, [1995] 1 EGLR 6

Jurisdiction:

England and Wales

Citing:

Overruled – Gravesham Borough Council v Secretary of State for the Environment QBD 1982
The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who . .

Cited by:

Approved – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Cited – JIS (1974) Ltd v MCP Investment Nominees I Ltd CA 9-Apr-2003
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the . .
Applied – PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) ChD 8-Aug-2003
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express . .
Cited – Barrett and Others v Morgan CA 30-Jun-1998
An artificial surrender of a head lease with the sole intention of defeating a sub tenancy was not effective and the subtenant became head tenant in their stead. The collusion defeated the ruse. ‘It is unilateral notices to quit that destroy . .
Cited – Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others HL 8-Mar-2006
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 12 December 2022; Ref: scu.184538

Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd: CA 29 Dec 1995

A ‘keep open’ clause in a commercial lease can be enforced by an order specific performance but only in rare cases. It would normally be unreasonable.
Millett LJ said: ‘The competing arguments in the present case, and the difference in the views of the members of this court, reflect a controversy which has persisted since the dispute between Sir Edward Coke and Lord Ellesmere LC Sir Edward Coke resented the existence of an equitable jurisdiction which deprived the defendant of what he regarded as a fundamental freedom to elect whether to carry out his promise or to pay damages for the breach Modern economic theory supports Sir Edward Coke; an award of damages reflects normal commercial expectations and ensures a more efficient allocation of scarce economic resources The defendant will break his contract only if it pays him to do so after taking the payment of damages into account;the plaintiff will be fully compensated in damages;and both parties will be free to allocate their resources elsewhere Against this there is the repugnance felt by those who share the view of Fuller CJ in Union Pacific Railway Co v Chicago, Rock Island and Pacific Railway Co (1896) 163 US 564, 600 that it is an intolerable travesty of justice that a party should be allowed to break his contract at pleasure by electing to pay damages for the breach English law has adopted a pragmatic approach in resolving this dispute The leading principle is usually said to be that equitable relief is not available where damages are an adequate remedy In my view, it would be more accurate to say that equitable relief will be granted where it is appropriate and not otherwise;and that where damages are an adequate remedy it is inappropriate to grant equitable relief’

Judges:

Millett LJ

Citations:

Times 29-Dec-1995, Independent 25-Jan-1996, [1996] Ch 286

Jurisdiction:

England and Wales

Cited by:

Appeal from – Co-Operative Insurance Society Ltd v Argyll Stores HL 21-May-1997
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open.
Held: . .
Cited – Coventry and Others v Lawrence and Another SC 26-Feb-2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.79485

Doorbar v Alltime Securities Ltd: CA 18 Dec 1995

Landlord bound by voluntary arrangement on future rent despite disagreement. A meeting chairman has power to impose ‘agreed’ value on claim to allow vote to creditor.

Citations:

Ind Summary 18-Dec-1995, Gazette 17-Jan-1996, Times 07-Dec-1995

Statutes:

Insolvency Rules 1986 5 17(3)

Jurisdiction:

England and Wales

Insolvency, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.80097

Living Waters Christian Centres Ltd v Fetherstonhaugh: CA 27 Apr 1999

The plaintiff tenant appealed from the dismissal of its application under sections 22(1) and 23(2) of the Arbitration Act 1950 to set aside or remit to the arbitrator, on the grounds of misconduct, an award in a rent review arbitration, relating to a lease of premises at Abergele in North Wales

Judges:

Peter Gibson, Potter LJJ, Blofield J

Citations:

[1999] EWCA Civ 1269

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Arbitration

Updated: 09 December 2022; Ref: scu.662787

Matthey v Curling: HL 1922

During the term of the lease, the property had been taken over by the military authorities under wartime powers. Shortly before the term expired the house was destroyed in a fire. The lessor claimed the last quarter’s rent and for breach of the tenant’s covenants to insure and deliver up in good condition.
Held: The tenant remained liable. He had not been evicted by title paramount, and the occupation had been temporary, and did not excuse him from performance of his obligations.
Two questions arose. The first was whether the tenant, who had been evicted in January 1918 by ‘the military authorities’ acting under the Defence of the Realm Regulations, remained liable for rent and under covenants to repair, insure and deliver up the demised premises in good repair.
Held: A landlord’s wrongful refusal to give the tenant possession of the premises constituted an eviction which suspended the tenant’s obligation to pay rent. However, the fact of the eviction does not suspend the tenant’s obligations under covenants other than that for the payment of rent, with the result that the tenant remained liable to pay outgoings.
Lord Buckmaster (Lords Wrenbury and Carson agreeing) said: ‘Eviction by the lessor himself is with equal reason an answer to the claim upon the covenant [to pay rent], and in such a case, as Jervis C.J. said in Upton v. Townend , the question is whether there is an eviction in fact, and whether the plaintiff [that is, the lessor] was a party to it, and again, later on in the judgment, he repeats ‘it is for the jury to say whether the act was done by the landlord, and whether it was done with the intention of depriving the tenant of the enjoyment.’
Lord Atkinson (Lords Sumner and Carson agreeing) added: ‘another instance in which the lessee is deprived of the enjoyment of part of the demised premises, is where the lessor tortiously evicts the lessee from that part. The effect of such an act was dealt with in Morrison v Chadwick and it was decided that such an eviction creates a suspension of the entire rent during its continuance, but that the tenancy is not thereby put to an end, nor is the tenant thereby discharged from the performance of his covenants other than the covenant for the payment of rent.’
Lord Atkinson said: ‘a person who expressly contracts absolutely to do a thing not naturally impossible is not excused for non-performance because of being prevented by the act of God or the King’s enemies . . or vis major’.
And the ‘leasehold estate cannot be divorced from its origins and basis in the law of contract’

Judges:

Buckmaster, Wrenbury, Carson Atkinson, Sumner LL

Citations:

[1922] 2 AC 180, [1922] All ER Rep 1, (1922) 91 LJKB 593, (1922) 127 LT 247, (1922) 38 TLR 475, (1922) 66 Sol Jo 386, [1922] 2 AC 180, 91 LJKB 593

Jurisdiction:

England and Wales

Citing:

Appeal from – Matthey v Curling CA 1920
. .

Cited by:

Approved – Cricklewood Property and Investment Trust Ltd v Leighton’s Investment Trust Ltd HL 1945
Wartime regulations were implemented which prohibited the building on land which was already subject to a building lease which required the lessees to erect several shops.
Held: Even if the doctrine of frustration could apply to a lease, the . .
Cited – Chelsea Building Society v Nash CA 19-Oct-2010
The defendant customer of the Society appealed against an order as to the sum due under a joint mortgage. She said that the ‘full and final settlement’ of the debt with Ms Nash’s former husband and joint mortgagor had the effect of releasing Ms Nash . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 09 December 2022; Ref: scu.652302

Q Studios (Stoke) RTM Co Ltd v Premier Grounds Rents No6 Ltd (Leasehold Enfranchisement – Right To Manage): UTLC 19 Jun 2020

Student lets – meaning of ‘flat’ in Commonhold and Leasehold Reform Act 2002, Part 2, Chap. 1 – meaning of ‘dwelling’ – whether terms on which dwelling let relevant – whether communal facilities in large block were shared living accommodation, such that studios not ‘occupied as a separate dwelling’.

Citations:

[2020] UKUT 197 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.652176

Enterprise Home Developments Llp v Adam (Landlord and Tenant – Service Charges): UTLC 12 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – paper determination of service charge dispute by FTT – service charges disallowed due to insufficiency of evidence – whether procedure fair to unrepresented parties – appeal allowed and charges re-determined

Citations:

[2020] UKUT 151 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.651754

Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Claim for injunction to prevent interference with certain claimed rights over land.
Held: Some of the activities that the landlord proposed to carry out were permitted under the terms of the tenancy agreements; but others were not.

Judges:

Keyser QC HHJ

Citations:

[2019] EWHC 1008 (Ch), [2019] 4 WLR 74, [2019] WLR(D) 270

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Cited – Rainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .

Cited by:

Appeal from – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agriculture

Updated: 09 December 2022; Ref: scu.636141

Fairfield Rents Limited v Nemcova (London): FTTPC 26 Aug 2015

Application Under Section 168, of The Commonhold and Leasehold Reform Act 2002

Citations:

[2015] UKFTT RP – LON – 00AK –

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Nemcova v Fairfield Rents Ltd UTLC 6-Sep-2016
Holiday lets were in breach of covenant
UTLC LANDLORD AND TENANT – BREACH OF COVENANT – long residential lease – application under section 168(2), Commonhold and Leasehold Reform Act 2003 – covenant not to use premises for any purpose other than as a . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.626739

Matthey v Curling: CA 1920

Citations:

[1920] 3 KB 608

Jurisdiction:

England and Wales

Cited by:

Appeal from – Matthey v Curling HL 1922
During the term of the lease, the property had been taken over by the military authorities under wartime powers. Shortly before the term expired the house was destroyed in a fire. The lessor claimed the last quarter’s rent and for breach of the . .
Lists of cited by and citing cases may be incomplete.

Contract, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.443848

Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985.

Citations:

[1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.431609

Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease.
Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed by fire. The landlord owned other shops in the immediate vicinity which were affected by what had become a derelict site which encouraged vandalism and caused nuisance and annoyance to neighbouring premises.

Judges:

Cox J

Citations:

[2003] EWHC 959

Statutes:

Leasehold Property (Repairs) Act 1938, Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

Cited – Agricullo Ltd v Yorkshire Housing Ltd CA 16-Mar-2010
The landlord sought leave to appeal against a refusal to award it costs associated with the service of a section 146 notice on the tenant. The tenant had covenanted to repair, and to indemnify the landlord against expenses of such notices. The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.403027

Universal Permanent Building Society v Cooke: CA 1951

The mortgagor agreed to buy a shop with living accommodation above. She let the flat to her sister before completion, and by the date of the mortgage, the sister was in possession. After default, the lender sought possession under the mortgage, but was only granted possession subject to the tenancy. The mortgage was granted the day after the completion of the purchase.
Held: With no evidence to the contrary, there was an interval between the conveyance and the mortgage during which time the tenant’s tenancy by estoppel became a tenancy at law with priority over the mortgage. The estoppel was fed by the acquisition of the legal estate.

Judges:

Jenkins LJ, Lord Evershed MR

Citations:

[1952] Ch 95, [1951] 2 All ER 893, [1951] 2 TLR 962

Jurisdiction:

England and Wales

Citing:

Distinguished – Coventry Permanent Economic Building Society v Jones ChD 1951
The contracting purchaser of a property agreed, prior to completion, to let the ground floor of the property to two tenants. She subsequently borrowed a sum of money from the plaintiffs to enable her to complete the purchase. On completion, she . .

Cited by:

Cited – Scott v Southern Pacific Mortgages Ltd and Others SC 22-Oct-2014
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section . .
Lists of cited by and citing cases may be incomplete.

Land, Estoppel, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.259705

Johnston and Sons Ltd v Holland: CA 1988

The test for whether there had been a derogation from a grant was whether there had been a substantial deprivation of benefit, rather than a total deprivation. The principle of non-derogation from grant is ‘not based on some ancient technicality of real property. As Younger LJ observed in Harmer v Jumbil (Nigeria) Tin Areas Ltd [1921] Ch 200 at pp 225, it is a principle which merely embodies in a legal maxim a rule of common honesty. It was imposed in the interest of fair dealing.’

Judges:

Nicholls LJ

Citations:

[1988] 1 EGLR 264

Jurisdiction:

England and Wales

Cited by:

Cited – Stone and Another (T/A Tyre 20) v Fleet Mobile Tyres Ltd CA 31-Aug-2006
The defendants appealed an injunction which prevented them soliciting business from any customer of the claimant for one year, granted pursuant to a restrictive covenant contained in a franchise agreement.
Held: The injunction was discharged. . .
Cited – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Contract, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.244795

Molton Builders Ltd v City of Westminster London Borough Council: CA 1975

Lord Denning MR said: ‘The doctrine of derogation from grant is usually applied to sales or leases of land, but it is of wider application. It is a general principle of law that, if a man agrees to confer a particular benefit on another, he must not do anything which substantially deprives the other of the employment of that benefit: because that would be to take away with one hand what is given with the other.’

Judges:

Lord Denning MR

Citations:

[1975] 30 P and CR 186

Jurisdiction:

England and Wales

Cited by:

Cited – Stone and Another (T/A Tyre 20) v Fleet Mobile Tyres Ltd CA 31-Aug-2006
The defendants appealed an injunction which prevented them soliciting business from any customer of the claimant for one year, granted pursuant to a restrictive covenant contained in a franchise agreement.
Held: The injunction was discharged. . .
Cited – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Contract, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.244794

Grey v Friar: 1854

Coleridge J: ‘the covenants must have been strictly kept, or, if broken, must have been satisfied for. So understood, the words import a condition precedent neither impossible nor unreasonable; and where that is clearly the case, the mere difficulty of performance, from the number or nature of the covenants to be performed, – a fact which must have been perfectly within the knowledge of the party contracting, – seems to me a very unsatisfactory reason for holding it to be otherwise.’

Judges:

Coleridge J

Citations:

(1854) 4 HL Cas 565

Jurisdiction:

England and Wales

Cited by:

Cited – Bass Holdings Ltd v Morton Music Ltd CA 1987
The tenant had the option to take a further lease on giving written notice of their desire ‘if it shall have . . performed and observed the several stipulations on its part to be performed and observed up to the date of [the notice]’. The question . .
Cited – Fitzroy House Epworth Street (No. 1) Ltd and Another v Financial Times Ltd CA 31-Mar-2006
The defendant tenant sought to exercise a break clause in the lease. The landlord said that the notice was deficient because the tenant had failed ‘materially to comply with’ its repairing obligations. The judge found the cost of repairs were . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.240011

Drew-Morgan v Hamid-Zadeh: CA 13 May 1999

The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent.
Held: A notice which was invalid for the purposes for which it was sent might still fulfil some other function. The landlord’s notice was sufficient. The court should then have considered as regards the claim of late payment of rent whether it was reasonable to make an order for possesson, the tenant being, by virtue of a late payment now in credit. There was no reason to interfere with what was an exercise of discretion by the judge. Appeal dismissed.

Judges:

Judge, May LJJ

Citations:

[1999] EWCA Civ 1402, [1999] 2 EGLR 13

Statutes:

Landlord and Tenant Act 1987 48(1), Housing Act 1988 7(4)

Jurisdiction:

England and Wales

Citing:

Cited – Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc CA 15-Dec-1993
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or . .
Cited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994
The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name . .
Cited – Marath and Another v MacGillivray CA 5-Feb-1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address . .
See Also – Morgan v Hamid-Zadeh CA 15-Sep-1998
. .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 09 December 2022; Ref: scu.146317

Platt and Others v London Underground Ltd: ChD 13 Mar 2001

A landlord let two properties at the same site to the same tenant, who operated two different businesses, one from each site. He unlawfully restricted access to the one site, and caused damage to that business, but in doing so, passers by were diverted to pass by the other business. Though liable for damages in respect of the loss of business at one site, he was able to claim by way of set off the consequent increase in profit at the other. This was so even though such a set off would not be available if the tenant had taken the second lease in the name of a different company. The one loss led predictably to the other gain.

Citations:

Times 13-Mar-2001, Gazette 26-Apr-2001, [2001] 2 EGLR 121

Jurisdiction:

England and Wales

Cited by:

Cited – Rees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 09 December 2022; Ref: scu.84764

NO1 West India Quay (Residential) Ltd v East Tower Apartments Ltd (Landlord and Tenant – Service Charges): UTLC 26 May 2020

LANDLORD AND TENANT – SERVICE CHARGES – effect of agreement that charges not recoverable – whether agreement binding only for period under consideration by FTT – whether charges incorrectly included in demands for utilities costs were prevented by s.20B(1), Landlord and Tenant Act 1985 subsequently from being recovered as service charges – calculation of unit rate – recovery of costs of tribunal proceedings

Citations:

[2020] UKUT 163 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.651757

Phillps and Others v Francis and Another: QBD 24 Mar 2010

‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which the claimants have. I am invited to determine, as a preliminary issue, whether the matter is properly before me sitting as a deputy judge of the High Court of Justice or whether the matter is governed by the provisions of sections 18 to 30 of the Landlord and Tenant Act 1985, as amended by the Landlord and Tenant Act 1987, in which event, as a result of amendments made by the Housing Act 1996, disputes over service charges should be addressed to a Leasehold Valuation Tribunal from whose decisions an appeal lies to the Lands Tribunal.’

Judges:

Griggs J

Citations:

[2010] EWHC B28 (QB), [2010] 2 EGLR 31, [2010] 24 EG 118, [2010] L and TR 28

Links:

Bailii

Jurisdiction:

England and Wales

Jurisdiction, Landlord and Tenant

Updated: 07 December 2022; Ref: scu.427036

Highway Properties Ltd v Kelly, Douglas and Co: 1 Feb 1971

(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to loss calculable over unexpired term of lease – Remedies of landlord – Measure and range of damages.
Laskin J said: ‘It is no longer sensible to pretend that a commercial lease, such as the one before the court, is simply a conveyance and not also a contract. It is equally untenable to persist in denying resort to the full armoury of remedies ordinarily available to redress repudiation of covenants, merely because the covenants may be associated with an interest in land.’

Judges:

Martland, Judson, Ritchie, Spence and Laskin JJ

Citations:

[1971] SCR 562, [1971] 17 DLR (3d) 710

Links:

SCC

Jurisdiction:

Canada

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: 07 December 2022; Ref: scu.396615

Stoll Construction Ltd v Colclough and others: LT 4 Jul 2007

LT COLLECTIVE ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 section 33 – costs of enfranchisement – procedural defect in LVT reducing costs claimed by reversioner by reference to a matter which was not in dispute between the parties.

Citations:

[2007] EWLands LRA – 184 – 2006

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 33

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.260317

Newham London Borough v Patel: 1978

Section 189 of the Housing Act, which compels a local authority to serve a repair notice wherever they are satisfied that a house is unfit within the meaning of section 604, unless the house is beyond repair, may result in the lawful service of notices in relation to defects which fall short of breaches of the section 11 covenant.

Citations:

(1978) 13 HLR 77

Statutes:

Housing Act 1985 189 604(1), Landlord and Tenant Act 1985 11

Jurisdiction:

England and Wales

Cited by:

Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 07 December 2022; Ref: scu.258843

Doe d Gorst v Timothy: 1847

A notice to quit for a yearly tenancy was expressed to end ‘at the expiration of the present year’s tenancy’.
Held: The notice was sufficient. Six month’s notice was in fact given whether that appeared from the face of the notice or not.

Citations:

(1847) 2 Car and Kir 351

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.245894

Webb v Frank Bevis Ltd: 1940

The tenant’s large shed was fixed to the land.
Held: It was a tenant’s fixture which could be removed by the tenant at the end of his tenancy, even though it was annexed to the land and formed part of it.

Judges:

Scott LJ

Citations:

[1940] 1 All ER 247

Jurisdiction:

England and Wales

Cited by:

Cited – Billing v Pill 1954
A shed was erected on land. It was 135 feet long and 150ft wide. It was on a concrete floor and attached by straps. Was it a fixture?
Held: Lord Goddard CJ said: ‘What is a fixture? The commonest fixture is a house which is built into the . .
Cited – Elitestone Ltd v Morris and Another HL 1-May-1997
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977.
Held: The tenants’ . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.240406

In re Dulwich College Estate’s Application: 1974

The Court approved an estate management scheme under s19.

Citations:

(1974) 231 EG 845

Statutes:

Leasehold Reform Act 1967 19

Jurisdiction:

England and Wales

Cited by:

Cited – Kent and Another v Kavanagh and Another CA 2-Mar-2006
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 December 2022; Ref: scu.239381

Moncreiff v Hay: 1842

The landlord acquired the growing crops sown by the tenant when he enforced an irritancy clause in a lease of agricultural property.

Citations:

(1842) 5 D 249

Jurisdiction:

England and Wales

Cited by:

Cited – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) HL 16-Jul-1998
(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy.
Held: Where a landlord recovered possession of land under lease by . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Scotland

Updated: 07 December 2022; Ref: scu.234726