Category: Landlord and Tenant

31 Tower Bridge Road – Southwark : London (Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss): LVT 11 May 2006

Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss. Application to determine amount to be paid into court under section 9(1) of the 1967 Act.

Citations:

[2006] EWLVT LON – LV – HEL – 00BE – 0

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 9(1) 21

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 16 September 2022; Ref: scu.438447

Wormall v Wormall: CA 25 Nov 2004

The father had allowed his daughter to run her business from the family farm. The mother and father came to divorce, and the father required vacanat possession of the farm so that he could sell it to satisfy his liabilities in the ancillary relief award. The daughter claimed compensation for disturbance, saying he was estopped from denying her a tenancy.
Held: Though the circumstance might give rise to an estoppel, in the contect of the ancillary relief award, it would be wrong to call upon the father to pay the daughter compensation.

Judges:

May LJ, Jonathan Parker LJ, Neuberger LJ

Citations:

Times 01-Dec-2004, [2004] EWCA Civ 1643

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Gillett v Holt and Another CA 23-Mar-2000
Repeated Assurances Created Equitable Estoppel
Repeated assurances, given over years, that the claimant would acquire an interest in property on the death of the person giving the re-assurance, and upon which the claimant relied to his detriment, could found a claim of equitable estoppel. The . .
Cited – Jennings v Rice, Wilson, Marsh, Norris, Norris, and Reed CA 22-Feb-2002
The claimant asserted a proprietary estoppel against the respondents. He had worked for the deceased over many years, for little payment, and doing more and more for her. Though he still worked full time at first, he came to spend nights at the . .
Cited – Crabb v Arun District Council CA 23-Jul-1975
The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
Held: His claim to have raised an equity was upheld. The plaintiff . .
Lists of cited by and citing cases may be incomplete.

Estoppel, Landlord and Tenant

Updated: 16 September 2022; Ref: scu.220174

Andy Coltrane v Janice Day: CA 14 Mar 2003

In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears.
Held: The past course of dealings between the parties showed that the landlord had previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by means of a cheque was made on the day the cheque was presented, but conditional until honoured. There was no reason to treat possession proceedings under the 1988 Act differently. The district judge had a discretion to adjourn which he should have exercised. Appeal allowed.

Judges:

Lord Justice Potter Lord Justice Tuckey Mr Justice Wall

Citations:

Times 15-Apr-2003, [2003] EWCA Civ 342, Gazette 15-May-2003, [2003] 1 WLR 1379

Links:

Bailii

Statutes:

Housing Act 1988 9(1) Schedule 2 Part 1

Jurisdiction:

England and Wales

Citing:

Cited – Homes v Smith CA 2000
Where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque which, if accepted, operates as a conditional payment from the time when the cheque was delivered. . .
Cited – Beevor v Mason 1978
Under the 1948 Act, effect must be given to a notice to quit served after failure to comply with a notice requiring the tenant to pay any rent due within two months of the notice. The evidence showed that the landlord had previously accepted payment . .
Cited – Felix Hadley and Co v Hadley ChD 1898
A cheque for a sum due which (a) is delivered to a creditor (b) is not returned by the creditor and (c) is met on first presentation discharges the debt as at the date the cheque is delivered. . .

Cited by:

Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant, Litigation Practice

Updated: 16 September 2022; Ref: scu.179919

Kestons Park (1975) Ltd v Croft: FTTPC 23 Aug 2019

Dispute regarding the ownership of estate roads on an estate which was developed and sold-off in the 1920s. The estate company sought first registration of title, relying on historical dispositions from the original owner. The proprietors of one plot disputed the claim, asserting that the original 1926 conveyance of the plot had included ownership of the road fronting the plot to its mid-point. Whether and, if so, to what extent the land was so conveyed. Original conveyance not available. Consideration of limited secondary material. HELD that the estate road was not comprised in the 1926 conveyance. The case turned on its own facts.

Citations:

[2019] UKFTT 590 (PC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 15 September 2022; Ref: scu.645422

The Co-Operative Bank Plc v Hayes Freehold Ltd and Others: ChD 20 Jul 2017

Judges:

Henry Carr J

Citations:

[2017] EWHC 1820 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lehman Brothers International (Europe) v Exotix Partners Llp ChD 9-Sep-2019
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 15 September 2022; Ref: scu.591240

King and others v Udlaw Ltd: LT 20 Mar 2008

LANDLORD AND TENANT – service charges – holiday bungalows – whether ‘dwellings’ for purposes of application of Landlord and Tenant Act 1985 sections 18 to 30 – held not to be dwellings for this purpose – 1985 Act section 38.

Citations:

[2008] EWLands LRX – 186 – 2006

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 18 38

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 15 September 2022; Ref: scu.267219