Category: Landlord and Tenant

Charrington and Co Ltd v Wooder: HL 10 Dec 1913

The lessors of a ‘tied house’ agreed to supply their tenants with malt liquors at ‘the fair market price.’ The respondent claimed to be supplied at such price as he could have bought in the open market, the appellants to charge the ordinary rates applicable to tied houses. Held that the ‘market price’ was the ordinary price charged to tied houses.

Lord Chancellor (Viscount Haldane), Lords Kinnear, Dunedin, and Atkinson
[1913] UKHL 863, 51 SLR 863
Bailii
England and Wales

Landlord and Tenant, Contract

Updated: 08 January 2022; Ref: scu.632760

West End Investments (Cowell Group) Ltd v Birchlea Ltd: ChD 27 Nov 2015

Appeal from an Order on an application for a declaration that the respondent was entitled to acquire the freehold of the house and premises known as 3 Grosvenor Gardens Mews East, London SW1 pursuant to Part 1 of the 1967 Act.

Henry Carr J
[2015] EWHC 3381 (Ch), [2015] WLR(D) 499
Bailii, WLRD
Leasehold Reform Act 1967
England and Wales

Landlord and Tenant

Updated: 07 January 2022; Ref: scu.556483

Archibald Stewart, Alias Denham v Alexander Denham: HL 8 Apr 1742

Tailzie,- Irritancy.- Found that under an entail prohibiting ‘debts, whereby the estate may be adjudged or evicted,’ the contracting of personal debts, on which no diligence had followed against the estate, does not infer an irritancy.
Found that the arrear of an annuity reserved to the entailer’s widow, is the debt of the entailer, and not of the heir in possession, although the annuity should have been paid by him.
The heirs being prohibited under an irritancy from ‘contracting debts, or doing other deeds of omission, or commission, whereby the lands, or any part thereof, may be adjudged,’ andc. and the entailer’s widow having led adjudication for the arrears of her annuity,-Found that the right of the heir in possession was not thereby irritated.

[1742] UKHL 1 – Paton – 316
Bailii
Scotland

Landlord and Tenant

Updated: 07 January 2022; Ref: scu.556482

Xue v Cherry and Another: UTLC 30 Nov 2015

UTLC LEASEHOLD ENFRANCHISEMENT – purchase price – deferment rate – flat in Shepherd’s Bush – whether the risks regarding urban cycle and obsolescence justified departure from deferment rate suggested in Earl Cadogan v Sportelli – relativity of value of 72 year lease to the value of freehold – use of graphs – appeal dismissed

[2015] UKUT 651 (LC)
Bailii
Leasehold Reform Act 1967
England and Wales

Landlord and Tenant

Updated: 07 January 2022; Ref: scu.556241

Clarise Properties Ltd v Rees and Another: CA 29 Jul 2015

Application for permission to appeal from a decision of the Upper Tribunal Lands Chamber, itself on appeal from a decision of the Land and Leasehold Valuation Tribunal for the Wales Rent Assessment Committee. There are two issues on this application. First, does the second appeal test set out in the Appeals from the Upper Tribunal to the Court of Appeal Order 2008 (‘the 2008 Order’) made pursuant to section 13(6) of the Tribunals, Courts and Enforcement Act 2007 apply in this case? Second, is the relevant test satisfied?

Arden LJ, Sir Bernard Rix
[2015] EWCA Civ 1118
Bailii
England and Wales

Landlord and Tenant

Updated: 07 January 2022; Ref: scu.556216

London Borough of Southwark v Clark: UTLC 6 Nov 2015

UTLC LANDLORD AND TENANT – Leasehold – Service Charges – Covenant in lease – Whether invoices for major works supplied by the landlord were compliant with terms of the lease — Assignment of lease after interim demand – Final adjustment to demand made after assignment – Whether assignee liable to pay adjusted demand – whether the First-tier Tribunal misdirected itself in law – Landlord and Tenant (Covenants) Act 1995, section 23.

[2015] UKUT 597 (LC)
Bailii
Landlord and Tenant (Covenants) Act 1995 23
England and Wales

Landlord and Tenant

Updated: 06 January 2022; Ref: scu.554973

Queensbridge Investments Limited v Lodge and Others: UTLC 19 Nov 2015

UTLC LANDLORD AND TENANT – appointment of manager – Landlord and Tenant Act 1987 s.24 as amended – landlord accepting that FTTTx entitled to conclude that a manager should be appointed – landlord objecting to the terms of the management order – whether such terms impermissibly wide and disproportionate

[2015] UKUT 635 (LC)
Bailii
Landlord and Tenant Act 1987 24
England and Wales

Landlord and Tenant

Updated: 06 January 2022; Ref: scu.554976

London Sephardi Trust v John Lyon’s Charity: UTLC 19 Nov 2015

UTLC LEASEHOLD ENFRANCHISEMENT – purchase price on enfranchisement – amendments introduced into s.9(1A) of Leasehold Reform Act 1967 by s.23(1) of Housing and Planning Act 1986 – s.23(3) providing that these amendments do not apply on a case (such as the present) where a s.14 notice of desire to have an extended lease was given before 5 March 1986 – whether s.23(3) continues to apply, after the repeal of the presently relevant amendments made by s.23(1) of the 1986 Act, to the similar wording introduced into s.9(1AA) of the 1967 Act by s.143 of Commonhold and Leasehold Reform Act 2002 – valuation of 3.195 year existing lease

[2015] UKUT 619 (LC)
Bailii
Leasehold Reform Act 1967, Housing and Planning Act 1986
England and Wales

Landlord and Tenant

Updated: 06 January 2022; Ref: scu.554974

Parkinson v Keeney Construction Limited: UTLC 16 Nov 2015

UTLC LANDLORD AND TENANT – Service charges – amendment of leases under S.35 Landlord and Tenant Act 1987 in order to make satisfactory provision with respect to the computation of service charge – lessee purchasing lease of flat in knowledge of the ongoing application to a leasehold valuation tribunal to amend the leases in this manner – amendments introduced fair percentage contributions – whether at a subsequent hearing F-tT wrong to conclude appellant had suffered no relevant loss or disadvantage such that no compensation was payable under S.38(10)

[2015] UKUT 607 (LC)
Bailii
Landlord and Tenant Act 1987 35
England and Wales

Landlord and Tenant

Updated: 06 January 2022; Ref: scu.554975

Sinclair Gardens Investments (Kensington) Ltd v Clemo: UTLC 3 Nov 2015

UTLC LANDLORD AND TENANT – ADMINISTRATION CHARGES – landlord’s costs of proceedings transferred from county court to First-tier Tribunal – whether landlord’s entitlement under contractual indemnity covenant compromised by county court consent order – appeal dismissed

[2015] UKUT 573 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 05 January 2022; Ref: scu.554284

The Governor and Company of Undertakers, for Raising The Thames Water In York Buildings v Sir John Meres, Knight: HL 24 Mar 1728

Arrestment of rents, for security of a sum not payable for four years after the date of the arrestment, ordered to be loosed without caution or consignation, although the debtor was vergens ad inopiam.

[1728] UKHL 1 – Paton – 10, (1728) 1 Paton 10
Bailii
Scotland

Landlord and Tenant

Updated: 05 January 2022; Ref: scu.554246

Roger v Hutcheson and Others: HL 29 May 1922

An incoming tenant under his lease agreed to relieve the proprietor of all claims which the outgoing tenant had against the landlord, including his claims under the Agricultural Holdings (Scotland) Act 1908, and by deed of submission the question of the amount of compensation payable for improvements under the Act was referred by the incoming and outgoing tenants to two arbiters and an oversman instead of to a single arbiter, as provided for in section 11 (1) of the Act of 1908. Held (aff. judgment of the Second Division) that as the reference was made neither under the Act of 1908 nor under the outgoing tenant’s lease, but under the special agreement between the tenants, it was not prohibited by section 11 (1) of the Act, and that the form of arbitration was competent.
The Agricultural Holdings (Scotland) Act 1908 enacts-Section 6 (2)-‘A claim . . for compensation under this Act . . shall not be made after the determination of the tenancy. . . ‘
By deed of submission entered into between an incoming and an outgoing tenant, and executed prior to the determination of the tenancy, the question as to what sum should be payable to the outgoing tenant as compensation for improvements under the Agricultural Holdings Act 1908 was referred to arbitration. No statement containing the particulars or amounts of the claim was, however, made until after the expiry of the tenancy. Held ( aff. judgment of the Second Division) that the existence and nature of the claim had been sufficiently certiorated, and that accordingly it had been timeously made.

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Wrenbury
[1922] UKHL 320, 59 SLR 320
Bailii
Scotland

Landlord and Tenant, Agriculture

Updated: 05 January 2022; Ref: scu.632804

Ingram v Church Commissioners for England: UTLC 15 Sep 2015

UTLC LANDLORD AND TENANT – service charges – whether VAT on services provided by managing agent to landlord recoverable as service charges – scope of VAT Notice 48: extra statutory concession para 3.18 – concession only applies to mandatory service charges and does not extent to services supplied to a landlord by third parties

[2015] UKUT 495 (LC)
Bailii
England and Wales

Landlord and Tenant, VAT

Updated: 05 January 2022; Ref: scu.553590

Cowling v Worcester Community Housing Ltd: UTLC 14 Sep 2015

UTLC LANDLORD AND TENANT – Service Charge – jurisdiction of FTT to hear application challenging the reasonableness of a service charge under sections 18, 19 and 27A(1) of the Landlord and Tenant Act 1985 when that had already been determined by the county court – applicability of section 27A(4)(c) of the Landlord and Tenant Act 1985

[2015] UKUT 496 (LC)
Bailii
Landlord and Tenant Act 1985 27A(4)(c)
England and Wales

Landlord and Tenant

Updated: 05 January 2022; Ref: scu.553588

Sadeh and Others v Mirhan and Azzniv (Charitable Trust) and Another: UTLC 17 Aug 2015

UTLC LANDLORD AND TENANT – service charges – commercial unit on the ground floor and lessees’ flats above — how the proportion of the insurance premium attributable to (i) the risk from the commercial premises and (ii) the property owners liability cover should be dealt with under the service charge provisions — extent to which the management fees (charged through the service charge) of a manager and receiver appointed by a leasehold valuation tribunal could be challenged

[2015] UKUT 428 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 05 January 2022; Ref: scu.553583

Rickards v Lothian: PC 11 Feb 1913

The claim arose because the outflow from a wash-basin on the top floor of premises was maliciously blocked and the tap left running, with the result that damage was caused to stock on a floor below.
Held: The provision of a domestic water supply to the premises was a wholly ordinary use of the land. Speaking of the principle in Rylands that the thing brought on to the defendant’s land should be something ‘not naturally there’.
Lord Moulton said: ‘But there is another ground upon which their Lordships are of opinion that the present case does not come within the principle laid down in Fletcher v. Rylands. It is not every use to which land is put that brings into play that principle. It must be some special use bringing with it increased danger to others, and must not merely be the ordinary use of the land or such a use as is proper for the general benefit of the community.’ The act of a vandal blocking the sink and turning on the tap counted as an act of God. The provision of a proper supply of water to the various parts of a house is not only reasonable, but has become, in accordance with prevailing sanitary views, an almost central feature of town life and it would be wholly unreasonable to hold an occupier responsible for the consequences of acts which he is powerless to prevent.

Lord Moulton
[1913] AC 263, [1913] UKPC 1
Bailii
Commonwealth
Citing:
Cited – Rylands v Fletcher HL 1868
The defendant had constructed a reservoir to supply water to his mill. Water escaped into nearby disused mineshafts, and in turn flooded the plaintiff’s mine. The defendant appealed a finding that he was liable in damages.
Held: The defendant . .
Followed – Nichols v Marsland CA 1-Dec-1876
Flood following heavy rain was not negligent
The defendant was the owner of a series of artificial ornamental lakes, which had existed for a great number of years, and had never previous to 18th June, 1872 caused any damage. On that day, however, after a most unusual fall of rain, the lakes . .

Cited by:
Cited – Transco plc v Stockport Metropolitan Borough Council HL 19-Nov-2003
Rylands does not apply to Statutory Works
The claimant laid a large gas main through an embankment. A large water supply pipe nearby broke, and very substantial volumes of water escaped, causing the embankment to slip, and the gas main to fracture.
Held: The rule in Rylands v Fletcher . .
Cited – Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2) PC 25-May-1966
(New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendant’s activity. There was no social value or cost saving in this defendant’s activity. ‘In the present case there was no justification . .
Cited – LMS International Ltd and others v Styrene Packaging and Insulation Ltd and others TCC 30-Sep-2005
The claimants sought damages after their premises were destroyed when a fire started in the defendants neighbouring premises which contained substantial volumes of styrofoam. They alleged this was an unnatural use of the land.
Held: To . .
Cited – Anthony and others v The Coal Authority QBD 28-Jul-2005
The claimants lived adjacent to an old coal tip, which caught fire spontaneously and burned for three years. They claimed in nuisance. The defendant argued that the risk of spontaneous ombustion was not reasonable, and that the use was safe.
Cited – Stannard (T/A Wyvern Tyres) v Gore CA 4-Oct-2012
The defendant, now appellant, ran a business involving the storage of tyres. The claimant neighbour’s own business next door was severely damaged in a fire of the tyres escaping onto his property. The court had found him liable in strict liability . .

Lists of cited by and citing cases may be incomplete.

Nuisance, Landlord and Tenant

Updated: 05 January 2022; Ref: scu.188025

North Lincolnshire Homes Ltd v Bentley: UTLC 13 Aug 2015

UTLC LANDLORD AND TENANT – Rent Determination – assured periodic tenancy – determination of market rent – reduction in rent owing to state of premises – refusal of access by tenant to landlord to enter the premises to undertake repairs – implied term to enter the premises – Housing Act, sections 14 and 16

[2015] UKUT 451 (LC)
Bailii
Housing Act 1988
England and Wales

Landlord and Tenant

Updated: 05 January 2022; Ref: scu.553582

Peyman v Lanjani: CA 1985

Application was made for consent to assign a lease. The court was asked whether or not the purchaser of a leasehold interest in a property, who had elected to affirm the contract despite a repudiatory breach by the vendor, could be held to his election if, when he made it, he was aware of facts which entitled him to rescind the contract, but had no knowledge that those facts gave him the right in law to rescind.
Held: For the purposes of the common law doctrine of election, where a person has an unrestricted choice between two mutually inconsistent courses of action which affect his rights, knowledge of the right to elect is a pre-condition of making an effective election, and there can be no effective election unless the person making it knows his legal rights as well as the facts giving rise to those rights. An estoppel must be based upon an informed choice, but: ‘When a party has legal advice, he will be more easily presumed to know the law and evidence or special circumstances may be required to rebut the presumption.’
May LJ said: ‘The next feature of the doctrine of election in these cases which in my opinion is important is that when the person entitled to make the choice does so one way or the other, and this has been communicated to the other party to the contract, then the choice becomes irrevocable even though, if and when the first person seeks to change his mind, the second cannot show that he has altered his position in any way.
This being so, I do not think that a party to a contract can realistically or sensibly be held to have made this irrevocable choice between rescission and affirmation unless he has actual knowledge not only of the facts of the serious breach of the contract by the other party which is the pre-condition of his right to choose, but also of the fact that in the circumstances which exist he does have that right to make that choice which the law gives him.’
Stephenson LJ said: ‘I therefore feel free to follow the decision of this court in Leathley v John Fowler and Co Ltd [1946] KB 579 and to hold that knowledge of the facts which give rise to the right to rescind is not enough to prevent the plaintiff from exercising that right, but he must also know that the law gives him that right yet choose with that knowledge not to exercise it.’

Stephenson LJ, May LJ
[1985] 1 Ch 457, [1985] CL 457
England and Wales
Citing:
Cited – Kammins Ballrooms Co Limited v Zenith Investments (Torquay) Limited HL 1970
The tenant had served his section 26 notice under the 1954 Act, but then began the court proceedings before the minumum two month period had expired. The landlord did not take the point at first, and delivered an answer and negotiated compensation. . .
Cited – China National Foreign Trade Transportation Corporation v Evlogia Shipping Co SA of Panama (The Mihalios Xilas) HL 1979
A hire clause was in bespoke terms providing for withdrawal ‘in default of payment’. The payment of hire for the final instalment was deficient because, as the umpire held, the charterers’ deductions for the length of the final voyage and bunkers on . .
Cited – Scarf v Jardine HL 13-Jun-1882
If there has been a conclusive election by the plaintiffs to adopt the liability of one of two persons, alternatively liable, they cannot afterwards make the other liable. The two claims are mutually exclusive or impossible in law. To establish an . .

Cited by:
Cited – Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited CA 18-Mar-1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break . .
Cited – Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .

Lists of cited by and citing cases may be incomplete.

Estoppel, Landlord and Tenant

Updated: 05 January 2022; Ref: scu.188150

William Scott of Raeburn, An Infant, By His Guardians v Walter Scott of Harden, Alias Highchester, An Infant By His Guardians: HL 9 Mar 1719

Tailzie – A person receives right to an estate from his father, and the son afterwards executes a procuratory of resignation for an entail of the estate, with prohibitory and irritant clauses, to himself in life-rent and to his father in fee, and failing of him to the heirs male to be procreated of his own body, and sailing them to other heirs of entail: This procuratory was registered in the register of Tailzies, and inhibition used against the grantor, but no charter or sasine taken thereon: It is found, that there being no antecedent onerous cause for making this entail, especially in favour of heirs to be begotten and born, and seeing it remained in the terms of a personal right, without being perfected by charter or sasine, it was revocable by the maker thereof, with consent of his father the first institute.

[1719] UKHL Robertson – 226, (1719) Robertson 226
Bailii
Scotland

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553533

James Hamilton of Dalziel Esq v The Principal, Masters, and Professors of The University of Glasgow: HL 9 Jun 1716

Superior and Vassal – An university having acquired righ to an adjudication of lands, held in ward, for a debt due to them, the Court found that the superior must enter the university, or pay the debt to the extent of the value of the lands: but upon appeal the judgment is reversed; and it is ordered, that the superior should admit such proper person for vassal as the university should nominate.
Bona fide Possession – The superior, notwithstanding the reversal, is obliged to account for the rents since the charter was offered to him by the university, he having deduction of his casualties as if the old vassal then entered.

[1716] UKHL Robertson – 172, (1716) Robertson 172
Bailii

Scotland, Education, Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553496

John Scott of Hedderwick Esq; v The Magistrates and Town Council of Montrose: HL 5 Jun 1714

Teind Court. – An Action of valuation being suffered to fall asleep, the minister lets a tack of the teinds to the magistrates of a royal burgh, and the action being wakened, these magistrates ought to have been called as parties.
A decree of valuation, obtained on a mistake as to the rental, fet aside, and the mistake rectified.

[1714] UKHL Robertson – 96, (1714) Robertson 96
Bailii
Scotland

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.553472

Gater and Others v Wellington Real Estates Ltd and Another: UTLC 18 Dec 2014

UTLC LANDLORD AND TENANT – service charges – tenants to pay fixed proportion of service charge payable by intermediate landlord to freeholder – intermediate landlord to pay proportion of costs incurred by head landlord to be determined by head landlord or its surveyor whose decision is final and binding – jurisdiction of tribunal in relation to apportionment by head landlord – ss. 18(2), 27A(6), Landlord and Tenant Act 1985 – appeal allowed

[2014] UKUT 561 (LC)
Bailii
Landlord and Tenant Act 1985 18(2) 27A(6)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552349

Parissis v Blair Court St Johns Wood Management Ltd: UTLC 11 Nov 2014

UTLC LANDLORD AND TENANT – service charges – application by tenant under section 27A of the Landlord and Tenant Act 1985 for a determination of the service charges payable in respect of periods more than six years prior to the date of application – preliminary decision of LVT finding appellant time barred on basis of unreasonable delay – whether laches or Limitation Act 1980 applies to bar the application

Huskinson HHJ
[2014] UKUT 503 (LC)
Bailii
Landlord and Tenant Act 1985 27A
England and Wales
Citing:
Cited – Warwickshire Hamlets Ltd and Another v Gedden and Others UTLC 26-Mar-2010
UTLC SERVICE CHARGES – jurisdiction of leasehold valuation tribunal – construction of lease – whether rent payable by a management company in respect of the common parts recoverable as part of the service charge . .

Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Limitation

Updated: 04 January 2022; Ref: scu.552345

St Stephens Mansions RTM Company Ltd and Another v Fairhold NW Ltd and Another: UTLC 4 Dec 2014

UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – whether counter-notice invalid -whether parts of building self-contained – shared water tanks, pumps and pipes – s. 72(3)(c) and s.84(2), Commonhold and Leasehold Reform Act 2002 – Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011- jurisdiction of LVT where no valid counter-notice served – appeals allowed

[2014] UKUT 541 (LC)
Bailii
Commonhold and Leasehold Reform Act 2002 72(3)(c) 84(2)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552355

Midland Freeholds Ltd, Re 68 Mallaby Close: UTLC 7 Jul 2014

UTLC LEASEHOLD ENFRANCHISEMENT – maisonette – premium – freehold reversion – whether reduction in value appropriate to reflect risk of tenancy continuing under Local Government and Housing Act 1989, Schedule 10 – if so, whether adjustment to be made at end of original term or extended term – held deduction appropriate at end of original term – appeal dismissed

[2014] UKUT 304 (LC)
Bailii
Local Government and Housing Act 1989
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552332

Kensington and Chelsea v The Lessees of 1-124 Pond House and Others: UTLC 21 Jul 2015

UTLC LANDLORD AND TENANT – Service charges – application for determination of liability for payment of service charges – Framework Agreements – Qualifying Long Term Agreements – [s.20] – Landlord and Tenant Act 1985 section 27A(3) – Application refused

[2015] UKUT 395 (LC)
Bailii
Landlord and Tenant Act 1985 27A(3)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552320

Windermere Court Kenley RTM Company Ltd v Sinclair Gardens Investments (Kensington) Ltd: UTLC 17 Sep 2014

UTLC Right to manage – time – computation of time – contents of claim notice – specify date of intention to acquire right to manage to be ‘at least three months after that specified’ under subsection s80(6) of the Commonhold and leasehold Reform Act 2002, section 80(7)

[2014] UKUT 420 (LC)
Bailii
Commonhold and leasehold Reform Act 2002 80(7)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552333

Clarise Properties Ltd v Rees and Another: UTLC 14 Oct 2014

UTLC LEASEHOLD ENFRANCHISEMENT – price – rent review clause – whether reviewed rent to be a ‘modern ground rent’ s.15(2) Leasehold Reform Act 1967 – whether rent must be a ‘marketable’ rent – presumption of reality – alternative valuations agreed – appeal dismissed

[2014] UKUT 394 (LC)
Bailii
Leasehold Reform Act 1967 15(2)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552334

Howard De Walden Estates Ltd v Accordway Limited and Another: UTLC 28 Oct 2014

UTLC LEASEHOLD ENFRANCHISEMENT – intermediate leasehold interest – power of competent landlord to bind immediate landlord notwithstanding separate representation of immediate landlord – section 40(2) Leasehold Reform Housing and Urban Development Act 1993

[2014] UKUT 486 (LC)
Bailii
Leasehold Reform Housing and Urban Development Act 1993 40(2)
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552336

Clacy and Another v Sanchez and Others: UTLC 13 Aug 2015

UTLC LANDLORD AND TENANT – service charges – certification process – true construction of the Standard Lease Provisions as to the certification process – whether certification is a condition precedent to recovery of services charges, or machinery for their recovery – alternatively a course of conduct giving rise to an equitable estoppel or waiver of the strict requirements.

[2015] UKUT 387 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552325

Assethold Ltd v 37 Whatman Road RTM Company Ltd: UTLC 11 Nov 2014

UTLC RIGHT TO MANAGE – Commonhold and Leasehold Reform Act 2002 s.81(3) – first claim notice held by First-Tier Tribunal’s first decision to be invalid – service of a second claim notice before the end of the period for bringing an appeal against the decision on the first claim notice

Huskinson HHJ
[2014] UKUT 505 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552339

The Anchor v Trust Corbett and Others: UTLC 19 Nov 2014

UTLC LANDLORD AND TENANT – SERVICE CHARGES – works to upgrade fire alarm system – Leasehold Valuation Tribunal finding landlord contractually entitled to charge for such works (subject to any implied term preventing this) – LVT also finding landlord had complied with consultation requirements and that the costs were reasonably incurred upon works to a reasonable standard (so that there was no impediment under Landlord and Tenant Act 1985 as amended in making the charge) – question of whether LVT was correct in implying a further term limiting the sums chargeable to amounts which were reasonable for the tenants to pay and to items which (notwithstanding a contractual entitlement for the landlord to charge for such items through the service charge) it was reasonable to expect the tenants to pay for

[2014] UKUT 510 (LC)
Bailii
Landlord and Tenant Act 1985
England and Wales

Landlord and Tenant

Updated: 04 January 2022; Ref: scu.552338

Chaplair Ltd v Kumari: CA 27 Jul 2015

‘(1) Does the court have power to order a tenant to pay any costs to the landlord under the terms of the lease where the costs arose in related leasehold valuation tribunal proceedings?
(2) Does the court have power to order a tenant to pay costs to the landlord (with the amount to be assessed) under the terms of the lease where the case was allocated to the small claims track?

Arden, Patten, Christopher Clarke LJJ
[2015] EWCA Civ 798, [2015] CP Rep 46, [2015] HLR 39
Bailii
England and Wales

Landlord and Tenant

Updated: 03 January 2022; Ref: scu.550608

Metaxides and Another v Swart and Others: PC 14 Jul 2015

From the Court of Appeal of the Commonwealth of The Bahamas – the respective parties owned apartments within a condominium, and one now asserted that a settlement by the other group with the landlord was unlawful because the original proceedings had been defective, being brought against a non-existent party.

Lord Neuberger, Lord Clarke, Lord Carnwath, Lord Toulson, Lord Hodge
[2015] UKPC 32
Bailii

Commonwealth, Landlord and Tenant

Updated: 02 January 2022; Ref: scu.550214

Willens v Influential Consultants Ltd: UTLC 7 May 2015

UTLC LANDLORD AND TENANT – Administration Charges – whether legal expenses incurred in contemplation of proceedings under section 146, Law of Property Act 1925 – whether appeal compromised on payment of service charge arrears by third party mortgagee – appeal dismissed

[2015] UKUT 362 (LC)
Bailii
Property Act 1925 146
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549869

Snowball Assets Ltd v Huntsmore House (Freehold) Ltd: UTLC 25 Jun 2015

UTLC LEASEHOLD ENFRANCHISEMENT – Collective Enfranchisement – Leasehold Reform, Housing and Urban Development Act 1993 section 1(4) – landlord’s counternotice offering grant of rights over additional land – counternotice also reserving rights to develop the additional land – construction of the leases regarding extent of lessees’ existing rights and lessor’s existing reservations over additional land – whether section 1(4) satisfied – if not, whether First-tier Tribunal entitled to determine that terms of acquisition should include acquisition by nominee purchaser of the additional land.

[2015] UKUT 338 (LC)
Bailii
Leasehold Reform, Housing and Urban Development Act 1993 1(4)
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549879

Helena Partnerships Ltd v Brown: UTLC 25 Jun 2015

UTLC LANDLORD AND TENANT – RENT DETERMINATION – assured periodic tenancy – whether agreement provided for contractual rent review and precluded reference of proposed new rent to First-tier Tribunal – new service charge for support and intensive housing management services not required by tenant – market rent determined by reference to comparable without such services – tenant’s challenge to service charges not adjudicated on by First-tier Tribunal – ss. 13-14, Housing Act 1988 – appeal dismissed

[2015] UKUT 324 (LC)
Bailii
Housing Act 1988 13 14
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549876

Edozie v Barnet Homes: UTLC 25 Jun 2015

UTLC LANDLORD AND TENANT – service charges – major works (including improvement works) on three blocks of flats – local authority lessor obtaining grant from London Development Agency towards costs of proposed works – majority of flats tenanted but some (including appellant’s) held by lessees on long leases with service charge provisions which included power to recover costs of improvements – extent to which lessees entitled to benefit of grant in diminution of what would otherwise be her service charge.

[2015] UKUT 348 (LC)
Bailii
England and Wales

Landlord and Tenant

Updated: 02 January 2022; Ref: scu.549874