Category: Landlord and Tenant

Humber Oil Terminals Trustee Ltd v Associated British Ports: CA 27 Jan 2012

Judges:

Mummery, Etherton, Sulllivan LJJ

Citations:

[2012] EWCA Civ 36

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 27-Jun-2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it . .

Cited by:

Leave – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.450496

L Batley Pet Products Ltd v North Lanarkshire Council: SCS 20 Dec 2011

(Outer House) The pursuers were mid-tenants and the responders their sub-tenants. Before the expiry of the sub-lease, the pursuer reqested re-instatement, but the responder now said that thie notice should have been formal to be effective.
Held: Batley had pleaded a relevant case because she construed clause 2.5 of the Minute of Agreement as allowing Batley to communicate orally that it required the reinstatement of the sub-let premises. She allowed the parties a proof before answer of their averments. Per incuriam in her interlocutor of 20 December 2011 she repelled the Council’s plea to the relevancy.

Judges:

Morag Wise QC

Citations:

[2011] ScotCS CSOH – 209

Links:

Bailii

Cited by:

Outer House – Batley Pet Products v North Lanarkshire Council SCS 7-Nov-2012
(Extra Division) The mid-landlord had requested the sub-tenant to execute repairs before the lease expired. The tenant said that the requirement should have been notified formally to create an obligation. The landlord now appealed against a finding . .
Outer House – L Batley Pet Products Ltd v North Lanarkshire Council SC 8-May-2014
The appellant was mid-landlord and the respondent the sub-tenant under a now-expired lease. The appellant had wanted repairs to be executed but told the tenant informally. The tenant argued that the lease required formal notice to create an . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 04 October 2022; Ref: scu.450138

Baker v Holtpzapffel: 1811

A tenant was obliged to continue paying rent even though the house he rented was burned down through no fault of the landlord.

Citations:

(1811) 4 Taunt 45

Jurisdiction:

England and Wales

Cited by:

Binding – Izon v Gorton 8-May-1839
The tenanted premises had been destroyed by accidental fire. The tenant objected to continuing to pay rent.
Held: The rent was payable.
Tindal CJ said: ‘The cases referred to in the argument, in which the tenant has been allowed to . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258839

Arden v Pullen: ExcC 1842

The tenancy contained a repairing covenant but the tenant left the house saying that subsidence had caused it to become flooded.
Held: He remained liable to pay the rent.
Lord Abinger CB said: ‘I am of opinion that, unless there has been some fraud or improper concealment on the part of the Plaintiff, which is not suggested, the contract for letting this house was perfectly good. The Defendant was, therefore, bound to perform it so long as the Plaintiff performed her part of it.’
Alderson B said: ‘The rule laid down by Tindal, CJ, in Izon v Gorton, is the correct one, that in order to enable a tenant to avoid his lease, there must be a default on the part of the landlord.’

Judges:

Alderson B, Lord Abinger CB

Citations:

(1842) 10 M and W 321

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 . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258840

Izon v Gorton: 8 May 1839

The tenanted premises had been destroyed by accidental fire. The tenant objected to continuing to pay rent.
Held: The rent was payable.
Tindal CJ said: ‘The cases referred to in the argument, in which the tenant has been allowed to withdraw himself from the tenancy, and to refuse payment of rent, will be found to be cases where there has been either error or fraudulent misdescription of the premises which were the subject of the letting, or where the premises have been found to be uninhabitable by the wrongful act or default of the landlord himself; neither of which circumstances occur in this case.’

Judges:

Tindal CJ

Citations:

(1839) 5 Bing NC 501, [1839] EngR 685, (1839) 5 Bing NC 501, (1839) 132 ER 1193

Links:

Commonlii

Jurisdiction:

England and Wales

Citing:

Binding – Baker v Holtpzapffel 1811
A tenant was obliged to continue paying rent even though the house he rented was burned down through no fault of the landlord. . .

Cited by:

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

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258838

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 keys. The court was asked whether the landlord by his breach had committed a repudiatory breach of the lease.
Held: Normal contractual principles can be applied to leases, since a lease is only a contract which creates an interest in land. A lease could be brought to an end by the tenant’s acceptance of a repudiatory breach by the landlord: ‘the defendant’s conduct, in the classic language, evinced an intention not to be bound by the implied covenant to repair. The breach, in my judgment, vitiated the central purpose of the contract of letting. ‘

Judges:

Mr Assistant Recorder Sedley QC

Citations:

[1992] 2 EGLR 287, [1992] 32 EG 59, [1992] EW Misc 1

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 11

Jurisdiction:

England and Wales

Citing:

No longer binding – 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 – Edwards v Etherington 1825
The defendant had been the tenant of a house from year to year. He left without notice, saying that the walls were dilapidated to the point of being unsafe. On a Nisi Prius, these facts were held to be an answer to an action by the landlord for use . .
Cited – Arden v Pullen ExcC 1842
The tenancy contained a repairing covenant but the tenant left the house saying that subsidence had caused it to become flooded.
Held: He remained liable to pay the rent.
Lord Abinger CB said: ‘I am of opinion that, unless there has been . .
Cited – Collins v Barrow 1831
The defendant held property under a three-year lease with a covenant to keep the premises in tenantable repair. He abandoned it without notice after nine months. He now defended an action for the subsequent rent, saying that the house had become . .
Cited – Cocks v Thanet District Council HL 25-Nov-1981
The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review. . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Cited – Baker v Holtpzapffel 1811
A tenant was obliged to continue paying rent even though the house he rented was burned down through no fault of the landlord. . .
Cited – Killick v Roberts CA 1991
The landlord claimed that the tenancy had expired by effluxion of time. The tenant alleged that the tenancy was a protected tenancy and that, since no written notice had been served on him pursuant to Case 13, he was a statutory tenant entitled to . .
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 – Izon v Gorton 8-May-1839
The tenanted premises had been destroyed by accidental fire. The tenant objected to continuing to pay rent.
Held: The rent was payable.
Tindal CJ said: ‘The cases referred to in the argument, in which the tenant has been allowed to . .
Cited – Wilson v Lord Finch Hatton CExC 1877
It was said that the premises had previously been occupied by someone with measles and were therefore not fit for human habitation.
Held: A term of fitness for occupation was implied into a lease of furnished premises at its commencement and . .
Cited – Walker v Hobbs and Co 1889
The tenant brought an action under section 12 on the term, saying the property was not fit for human habitation.
Held: Lord Coleridge CJ said: ‘It is admitted that the ceilings were in a dangerous condition, and therefore that the rooms were . .
Cited – CH Bailey Ltd v Memorial Enterprises Ltd CA 1974
The court considered the construction of a rent review clause in a lease. Lord Denning MR said: ‘So I think these rent review clauses are to be construed according to their natural meaning. The clause in the present case says that the increased . .
Cited – 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 . .
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 – 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 – Staves v Leeds City Council CA 4-Oct-1990
Ewbank J said: ‘It has been conceded in this case, as in earlier cases, that the internal plasterwork is part of the structure of the house.’
Lloyd LJ said: ‘Once it was conceded, as it was, that the plaster was part of the structure it follows . .
Cited – Quick v Taff Ely Borough Council CA 1986
Because of fungus, mould growth and dampness, the tenant’s council house was virtually unfit for human habitation in the winter when the condensation was at its worst. Section 32(1) of the 1961 Act implied in the tenancy a covenant by the council to . .
Cited – Wycombe Health Authority v Barnett CA 1982
A student tenant left the property for a few days. Whilst she was away, the pipes froze, cracked, and then burst. The landlord complained that he had neither turned off the water, nor lagged the pipes.
Held: The tenant had no such obligation . .
Cited – Liverpool City Council v Irwin HL 31-Mar-1976
The House found it to be an implied term of a tenancy agreement that the lessor was to be responsible for repairing and lighting the common parts of the building of which the premises formed part. In analysing the different types of contract case in . .
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 – 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 – Calabar Properties Ltd v Stitcher CA 1983
The landlord had failed in his duty to repair. One tenant’s health suffered because of the damp, and they had to rent other premises.
Held: The landlord has only a reasonable time to effect repairs once he has been given notice of the need for . .
Cited – Lubren v Lambeth London Borough Council CA 1987
The court gave broad approval of a median figure of pounds 1,000 damages a year to be awarded to a tenant for a five-year deterioration of premises from habitable to ‘appalling’. . .

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 . .
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: 04 October 2022; Ref: scu.245879

Duval v 11-13 Randolph Crescent Ltd: CA 18 Oct 2018

‘The issue on this appeal is whether the landlord of a block of flats is entitled, without breach of covenant, to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of her flat, where the leases of other flats require him to enforce covenants at the request of a lessee of one of those other flats. DDJ Chambers answered that question ‘no’; but HHJ Parfitt disagreed with him and answered it ‘yes’. Covenants in this form are common in residential leases; and so the question raised by this appeal is an important one.’

Judges:

2018 Oct 10; 18
Lewison, Newey LJJ, Sir Stephen Richards

Citations:

[2018] EWCA Civ 2298, [2018] WLR(D) 652

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.625957

Collins v Barrow: 1831

The defendant held property under a three-year lease with a covenant to keep the premises in tenantable repair. He abandoned it without notice after nine months. He now defended an action for the subsequent rent, saying that the house had become uninhabitable having no adequate drainage.
Held: The jury was asked whether the sewage could reasonably have been pumped away by the defendant without need of a sewer. Bayley B directed them that: ‘In any case, the tenant is bound to pay rent during the time for which he has contracted, unless he satisfies the jury that, under the circumstances, he was justified in quitting. I think however that in point of law he will be freed from his obligation to reside on the premises, if he makes out, to the satisfaction of the jury, that the premises were noxious and unwholesome to reside in, and that this state arose from no default or neglect of his own, but from something over which he had no control, or none, except at an extravagant and unreasonable expense. Thus, he could not be bound to make a sewer; and if nothing else could keep the house wholesome, I think he was justified in quitting. The expense of making a sewer may be heavy; but if the Plaintiff would not make it, he cannot, I think, call upon his tenant to continue in a house which requires it.’ The issue of fact, on which

Judges:

Bayley B

Citations:

(1831) 1 M and Rob 112

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 . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258837

Edwards v Etherington: 1825

The defendant had been the tenant of a house from year to year. He left without notice, saying that the walls were dilapidated to the point of being unsafe. On a Nisi Prius, these facts were held to be an answer to an action by the landlord for use and occupation. The court directed the jury, that, although slight circumstances would not suffice, such serious reasons might exist as would justify a tenant’s quitting at any time; and that it was for them to say whether, in the case before them, such serious reasons existed as would exempt the defendant from the plaintiff’s demand, on the ground of his having had no beneficial use and occupation of the premises. The jury found for the defendant, and the Court of King’s Bench was afterwards moved for a new trial, on the ground of misdirection; but they refused to disturb the verdict.
Lord Tenterden CJ said: ‘Slight circumstances will not suffice but such serious reasons may exist, as will justify a tenant in quitting at any time, and it is for you to say whether in this case any such exist.
It is for you to say whether such serious reasons for quitting, existed in this case, as will exempt the defendant from this demand, on the ground of his having had no beneficial use and occupation of these premises; and that, through no default of his own, but through the fault of a person (the Plaintiff) who ought to have taken care, that the premises should have been in such a state, as to continue useful to the defendant.’

Judges:

Lord Tenterden CJ

Citations:

(1825) Ry and M 268

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 . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258836

Hemingway Realty Ltd v Clothworkers’ Company: ChD 8 Mar 2005

The lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the right to start the procedure.
Held: There was no presumption in law that either party had the right to commence the procedure. Everything depended upon the form of clause chosen by the parties. In this lease, the right was exercisable only by the landlord.

Judges:

Patten J

Citations:

[2005] EWHC 299 (Ch), Times 15-Mar-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Basingstoke and Deane Borough Council v Host Group Limited CA 1988
A lease of various buildings including a public house required the rent review to be carried out on the premise that the demise consisted of a bare site. The issue was whether the terms of the hypothetical letting and the valuation formula were to . .
Cited – Equity and Law Life Assurance Society plc v Bodfield Ltd CA 1987
The court discussed the nature and purpose of rent review clauses: ‘There is no doubt that the general object of a rent review clause, which provides that the rent cannot be reduced on a review, is to provide the landlord with some measure of relief . .
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 – Royal Bank of Scotland v Jennings, Pezaro and Circuitpoint (Brewery Road) Limited CA 24-Oct-1996
The reddendum in the lease provided for a rent review: ‘there will be a rent review for each of the review periods’. The express machinery for such review could only be initiated by the landlord, but in refusing to initiate a review the landlord was . .
Cited – Addin v Secretary of State for the Environment ChD 1997
The lease provided for seven-yearly rent reviews. The landlord argued that the reddendum gave the right to trigger a review to him alone. If he chose not to do so, then no review would take place. The tenant contended that the opening words of the . .
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 – Australian Mutual Provident Society v National Mutual Life Association of Australasia Limited 1995
(New Zealand Court of Appeal) The Court was asked whether a rent review clause which provided for an open review was inconsistent with the rent review being operable by the lessor alone. The lease did not contain a ratchet clause, or upwards only . .
Cited – Board of Trustees of the National Provident Fund v Shortland Securities Limited 1996
(New Zealand Court of Appeal) The court considered whether a review in a lease without a ratchet (upwards only) rent review clause could be exercised only at the instigation of the landlord: ‘The fact that as a consequence the parties agreed upon . .
Cited – Board of Trustees of the National Provident Fund v Shortland Securities Limited PC 1997
(New Zealand) Lord Hoffmann: ‘The expression ‘ratchet clause’ is well understood in New Zealand to mean a particular type of clause, namely a provision such as cl 3.5(c)(i) which prevents the reviewed rent from being lower than the previous rent. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 October 2022; Ref: scu.223309

Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited: ChD 26 Jun 2003

The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty.
Held: The UK market in beer did not operate to exclude competition from those who wished to enter the market or increase their market share, and so the claim failed the first test set by the European Court. The fact that the comeptition within the UK between suppliers was vigorous did not however determine the issue where the proportion of tied houses was so high as to prevent newcomers getting a foothold in the market..

Judges:

The Hon Mr Justice Park

Citations:

[2003] EWHC 1510 (Ch), Gazette 10-Jul-2003, Times 13-Aug-2003, Gazette 04-Sep-2003, [2003] EuLR 663

Links:

Bailii

Statutes:

EC Treaty 81

Jurisdiction:

England and Wales

Citing:

Remitted from – Courage Ltd and Crehan v Crehan and Courage Ltd and Others ECJ 20-Sep-2001
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the . .
Cited – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
See Also – Courage Limited v Crehan ChD 25-Nov-1998
. .
See Also – Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd CA 27-May-1999
The court considered the validity of beer ties affecting public houses. . .
See Also – Courage Ltd v Crehan; The Inntrepreneur Beer Supply Co Ltd v Byrne; Same v Langton; Greenalls Management Ltd v Smith; Walker Cain Ltd v McCaughey CA 14-Jun-1999
There is not to be read into a beer tie term any implied provision that the beer to be supplied under the term was to be supplied at any kind of advantageous price. A tenant seeking damages for failure to supply under such a term was not entitled to . .
See Also – Courage Ltd v Crehan CA 12-Nov-2001
. .

Cited by:

Remitted to – Courage Ltd and Crehan v Crehan and Courage Ltd and Others ECJ 20-Sep-2001
The company had leased a public house to the respondent. The lease was subject to a tie, under which the respondent had to purchase supplies from the company. The company came to sue for the price of beer supplied. The respondent asserted that the . .
Appeal from – Crehan v Inntrepreneur Pub Company (CPC) CA 21-May-2004
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was . .
At First Instance – Inntrepreneur Pub Company (CPC) and others v Crehan HL 19-Jul-2006
The tenant had taken on pub leases with ties requiring him to buy beer from companies associated with the landlords. The European Commission had issued a decision and the House was asked whether this was binding on the parties.
Held: . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Commercial, European

Updated: 01 October 2022; Ref: scu.184035

Dodds v Walker: HL 1981

The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later.
Held: Dismissing the tenant’s appeal, the House found that the court had no jurisdiction to hear the tenant’s application; he was one day late. When a notice was required to be given within a certain number of months, the period expired on the same day as the original notice, with the single exception of February.
Lord Diplock said: ‘My Lords, reference to a ‘month’ in a statute is to be understood as a calendar month. The Interpretation Act 1889 says so. It is also clear under a rule that has been consistently applied by the courts since Lester v Garland (1808) 15 Ves. Jun. 248, that in calculating the period that has elapsed after the occurrence of the specified event such as the giving of a notice, the day on which the event occurs is excluded from the reckoning. It is equally well established, and is not disputed by counsel for the tenant, that when the relevant period is a month or specified number of months after the giving of a notice, the general rule is that the period ends upon the corresponding date in the appropriate subsequent month, i.e. the day of that month that bears the same number as the day of the earlier month on which the notice was given.
The corresponding date rule is simple. It is easy of application. Except in a small minority of cases, of which the instant case is not an example, all that the calculator has to do is to mark in his diary the corresponding date in the appropriate subsequent month. Because the number of days in five months of the year is less than in the seven others the inevitable consequence of the corresponding date rule is that one month’s notice given in a 30 day month is one day shorter than one month’s notice given in a 31 day month and is three days shorter if it is given in February. Corresponding variations in the length of notice reckoned in days occur where the required notice is a plurality of months.
This simple general rule which Cockburn C.J. in Freeman v. Read (1863) 4 B. and S. 174, 184 described as being ‘in accordance with common usage … and with the sense of mankind,’ works perfectly well without need for any modification so long as there is in the month in which the notice expires a day which bears the same number as the day of the month on which the notice was given.’

Judges:

Lord Diplock

Citations:

[1981] 1 WLR 1027, [1981] 2 All ER 609

Statutes:

Landlord and Tenant Act 1954 29(3), Interpretation Act 1889

Jurisdiction:

England and Wales

Citing:

Appeal from – Dodds v Walker CA 1980
The tenant give his notice of his desire for a new tenancy on the thirty first day of the fourth month after the landlord had given his own notice terminating the tenancy, but that month had only thirty days.
Held: The tenant’s notice was out . .
Cited – Lester v Garland 8-Aug-1808
Bequest of residue in trust in case A shall within six months after testator’s decease give security not to marry B then and not otherwise to pay to the children of A; with a proviso to go over if she shall refuse or neglect to give such security. A . .
Cited – Freeman v Read 4-Jun-1863
When the relevant period for the giving of a notice is a month or specified number of months after the giving of a notice, the general rule is that the period ends upon the corresponding date in the appropriate subsequent month, ie the day of that . .

Cited by:

Distinguished – Trafford Metropolitan Borough Council v Total Fitness UK Ltd CA 18-Oct-2002
The landlord served a notice to quit. It gave a date calculated by reference to the notice period, but then stated the date on which it expired. Under the rule in Lester, the notice period only began on the day after service, and that resulted in a . .
Cited – O’ Connor Utilities Ltd v HMRC Admn 28-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 01 October 2022; Ref: scu.181206

Moorjani and Others v Durban Estates Ltd and Another: TCC 15 May 2019

Allegations of breach of landlords’ repairing obligations – defendants’ strike out application.
Held: ‘ the critical question is whether this second action is based on the same cause, or causes, of action, and not whether it pleads the same particulars of breach or loss and damage.’ The claims were founded on a single cause of action, and the second was barred by cause of action estoppel, and by merger.

Citations:

[2019] EWHC 1229 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Henderson v Henderson 20-Jul-1843
Abuse of Process and Re-litigation
The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings.
Sir James Wigram VC said: ‘In trying this question I believe I state the rule . .
Cited – Brunsden v Humphrey CA 1884
The defendant had negligently caused damage to a cab driver and his vehicle in the same accident. The cab driver obtained damages for the damage to his vehicle.
Held: He was not disentitled from bringing fresh proceedings for damages for . .
Cited – Darley Main Colliery Co v Mitchell HL 1886
The owner of land whose land was affected by subsidence in 1868 and who received compensation from those who had worked coal and caused the subsidence, was able, in 1882 when further subsidence took place causing further injury, to bring a fresh . .
Cited – Conquer v Boot CA 1928
The householder recovered damages in the county court in an action against a builder for breach of a building contract to complete the works in a good and workmanlike manner. He then brought a second action upon the same contract. In the second . .
Cited – Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd SC 3-Jul-2013
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had . .
Cited – King and Another v Hoare 25-Nov-1844
A judgment (without satisfaction) recovered against one of two joint debtors is a bar to an action against the other: – Secus where the debt is joint and several. – And it is pleadable in bar, and not in abatement. – Such a plea need not contain a . .
Cited – Conquer v Boot CA 1928
The householder recovered damages in the county court in an action against a builder for breach of a building contract to complete the works in a good and workmanlike manner. He then brought a second action upon the same contract. In the second . .
Cited – Arnold v National Westminster Bank Plc HL 1991
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been . .
Cited – Republic of India and Others v India Steamship Co Ltd (‘The Indian Endurance and The Indian Grace’) (No 1) HL 29-Mar-1993
Munitions were being carried to Cochin on board the defendants’ vessel. Some was jettisoned in a fire and the remainder was damaged. The cargo owners sought damages in India for short delivery under the bills of lading, as to the jettisoned cargo . .
Cited – Johnson v Gore Wood and Co HL 14-Dec-2000
Shareholder May Sue for Additional Personal Losses
A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter.
Held: It need not be an abuse of the court for a shareholder . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Litigation Practice

Updated: 01 October 2022; Ref: scu.640369

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 under statute, an incident of the ownership of the reversion.
The relationship of landlord and tenant is one of status, not contract, even though created by one.

Judges:

Lord Templeman

Citations:

Gazette 26-Jan-1994, Independent 03-Dec-1993, Times 03-Dec-1993, [1994] 1 AC 458, [1993] UKHL 11

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

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 – 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: 29 September 2022; Ref: scu.79518

Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd and Another: UTLC 8 Nov 2019

Electronic Communications Code – Jurisdiction – whether an operator occupying land under a tenancy to which Pt II, Landlord and Tenant Act 1954 applies may seek new rights under Part 4 of the Code – Parts 4, 5 of Sch.3A, Communications Act 2003 – transitional provisions – Sch.2, Digital Economy Act 2017

Citations:

[2019] UKUT 338 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Utilities, Landlord and Tenant

Updated: 29 September 2022; Ref: scu.646007

Lexham House RTM Company Ltd v European Investments and Development (Properties) Ltd: UTLC 17 Dec 2019

Landlord and Tenant – Right To Manage – requirements of section 79(6) of the Commonhold and Leasehold Reform Act 2002 – whether each landlord had been served with the claim notice – whether despite failure to serve on landlord there had been compliance with the statutory procedure

Citations:

[2019] UKUT 390 (LC)

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002 79(60

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 September 2022; Ref: scu.646019

Kingswoodproperty Developments Ltd v Assethold Ltd: UTLC 13 Dec 2019

Landlord and Tenant – Service Charges – construction of lease – whether estimated half yearly service charge contributions due at the beginning of and half way through the relevant service charge year or half way through and at the end of the year – held: the latter, appeal allowed.

Citations:

[2019] UKUT 383 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 September 2022; Ref: scu.646018

Urwick and Another v Pickard: UTLC 22 Nov 2019

Landlord and Tenant – Appointment of Manager – manager appointed by FTT – no restriction entered on register of title – property acquired by nominee on behalf of tenants exercising right of collective enfranchisement – whether nominee taking free of management order – whether participating tenants in breach of management order – whether FTT should make orders to reverse effect of breach – s.24, Landlord and Tenant Act 1987 – ss.29, 87, 132(3) Land Registration Act 2002 – appeal allowed

Citations:

[2019] UKUT 365 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 29 September 2022; Ref: scu.646011

Manchikalapati and Others v Zurich Insurance Plc (T/A Zurich Building Guarantee and Zurich Municipal) and Others: CA 5 Dec 2019

Appeal by a group of leaseholders against a decision that their claim under a structural defects insurance policy is limited to the total purchase price of their flats, disregarding the purchase prices of other flats in the block.

Citations:

[2019] EWCA Civ 2163

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Landlord and Tenant

Updated: 29 September 2022; Ref: scu.645547