Category: Landlord and Tenant

Mew and Another v Tristmire Ltd: CA 28 Jul 2011

The claimants occupied houseboats constructed from second world war landing craft supported on non-floating platforms on land let to the respondents. They held under oral tenancies which had been terminated by the respondents before possession was sought. The appellants appealed against orders finding that they were not assured tenants within the 1988 Act on the basis that the barges were not dwelling-houses.

Judges:

Maurice Kay VP, Arden, Patten LJJ

Citations:

[2011] EWCA Civ 912

Links:

Bailii

Statutes:

Pier and Harbour Order (Bembridge Harbour) Confirmation Act 1963, Housing Act 1988 13

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 17 September 2022; Ref: scu.442255

BP Oil UK Ltd and others v Lloyds TSB Bank Plc: CA 21 Dec 2004

An option was granted to three lessees for the purchase of the reversion. After one ceased to be a lessee, the remaining two purported to exercise the option. The landlord said that only the three could exercise the option together.
Held: The option had to be exercised by all three parties, but the remaining two lessess could re-assign the lease into the names of the three companies who could then execute the option.

Judges:

Lord Justice Kennedy, Lady Justice Arden, and Lord Justice Gage

Citations:

Times 12-Jan-2005, [2004] EWCA Civ 1710

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Finch v Underwood CA 1876
The landlord had covenanted with the tenant, on receipt of notice from the latter, to renew the lease ‘in case the covenants and agreements on the tenants’ part shall have been duly observed and performed’. Notice was duly given but the landlord . .
Cited – Max Factor Ltd v Wesleyan Assurance Society CA 1996
A break clause was mutual but contained a proviso making it clear ‘for the avoidance of doubt’ that the lessor’s right to determine the term ceased if the lessee assigned its interest in the lease prior to the expiration of the tenth year of the . .
Cited – Olympia and York Canary Wharf Ltd v Oil Property Investments Ltd CA 1994
A landlord could properly refuse to consent to the assignment of a lease back to an original tenant in circumstances where the parties accepted that, if there was a re-assignment, the original tenant could exercise a right conferred on it alone as . .
Cited – Equinox Industrial (GP2) Limited, Equinox Industrial (Nominee) Limited v Sketchley Limited ChD 10-Jan-2003
The tenant sought to exercise a break clause following assignment and subsequent revesting of the original lease in it. In the relevant clause the tenant meant only Sketchley plc and not its successors in title or its assigns. The claimants . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 September 2022; Ref: scu.220520

30-40 Grafton Way – Camden : London: LVT 30 Oct 2006

Service Charges

Citations:

[2006] EWLVT LON – LV – SVC – 00AG – 0

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 20, Service Charges (Consultation Requirements)(England) Regulations 2003

Jurisdiction:

England and Wales

Cited by:

Appeal from – Camden v Leaseholders of Flats on Grafton Way LT 30-Jun-2008
LT LANDLORD AND TENANT – service charges – consultation requirements for qualifying works – failure to serve notice – application for dispensation – financial consequences for landlord – whether relevant – . .
Cited – Daejan Investments Ltd v Benson and Others SC 6-Mar-2013
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 16 September 2022; Ref: scu.438838