Category: Landlord and Tenant

Graysim Holdings Ltd v P and O Property Holdings Ltd: CA 2 Mar 1994

‘Occupation’ by a tenant does not require physical occupation by him for him to have the right to renew the lease under the Act. A market operator letting all the stalls in a market area was a protected tenant.

Judges:

Lord Nicholls

Citations:

Gazette 13-Apr-1994, Times 02-Mar-1994

Statutes:

Landlord and Tenant Act 1954 23(1) Part II

Jurisdiction:

England and Wales

Citing:

Reversed on appeal – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .

Cited by:

Appeal from – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.80998

Estates Gazette Ltd v Benjamin Restaurants Ltd and Another: CA 27 May 1994

There can be no argument against the continuing liability of a past Tenant after an assignment of the lease. An assignee taking a lease takes the obligations for the entire remaining term.

Citations:

Times 27-May-1994, Ind Summary 27-Jun-1994, Gazette 22-Jun-1994

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.80373

City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm): CA 31 Mar 1993

An original Tenant is not liable for arrears arising on the tenancy extended by an assignee beyond the original term.
The vesting of the leasehold estate in the tenant carried with it the burden of covenants that touched and concerned the land. Nourse LJ said that this category of covenant was ‘imprinted on the term’.

Judges:

Nourse LJ

Citations:

Gazette 31-Mar-1993, [1993] QB 589, [1993] 2 All ER 449, (1992) 65 P and CR 229, [1993] 2 WLR 710, [1993] 1 EGLR 93, (1992) 91 LGR 151

Statutes:

Landlord and Tenant Act 1954 24(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Corporation of City of London v Fell and Others HL 3-Dec-1993
The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and . .
Cited – Smith and Another v Jafton Properties Ltd CA 2-Nov-2011
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.79149

Connaught Restaurants Ltd v Indoor Leisure Ltd: CA 17 Sep 1993

The lease provided the tenant would pay the rent ‘without any deduction’.
Held: The words ‘without any deductions’ in a lease were ambiguous and were insufficient to exclude the tenant’s right to claim a set off. Clear words are needed before the court will impute to the parties an intention to exclude the equitable rights of set-off.

Citations:

Gazette 16-Feb-1994, Independent 17-Sep-1993, Times 27-Jul-1993, [1994] 1 WLR 501

Jurisdiction:

England and Wales

Citing:

Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Disapproved – Famous Army Stores v Meehan 1993
. .

Cited by:

Cited – Edlington Properties Limited v J H Fenner and Co Limited CA 22-Mar-2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in . .
Cited – Marubeni Corporation v Sea Containers Ltd ComC 17-May-1995
Procedure – set-off – contract for supply of containers – construction of contract – clear words to exclude right of set-off – equitable set-off – abatement – defective containers. The words ‘without deduction’ have been held in the context of a . .
Cited – BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc CA 29-Apr-1999
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 26 October 2022; Ref: scu.79441

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 basis was not followed in British Gas. The judge had remitted the award to the arbitrator to be assessessed on the British Gas basis.
Held: The court did not have that power. Decisions of arbitrators were not to be acceoted for review easily, and remission was available only in certain limited cases. A change in the law was not to be seen as equivalent to new evidence.

Citations:

Ind Summary 14-Mar-1994, [1994] NPC 37 CA, [1994] CLY 2807

Statutes:

Arbitration Act 1950 22

Jurisdiction:

England and Wales

Citing:

Cited – British Gas Corporation v Universities Superannuation Scheme ChD 1986
The lease had a five yearly rent review, to be the highest of the current rent the rack rental value at the relevant rate. The rack rent was calculated under a hypothetical lease containing the same provisions (save for rent). The tenant sought a . .
Cited – King v Thomas McKenna 1991
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Landlord and Tenant

Updated: 26 October 2022; Ref: scu.77871