Category: Landlord and Tenant

Henry Woodward v Edward Earl of Lincoln, Edward Sharp, and John Whalley: 1672

The Lessor granted a Lease for 21 Years under a certain yearly Rent, and covenanted to repair and to allow, and pay all Taxes which he did not do in his lifetime; and upon a Bill brought against his Grandson and Heir to make Allowances for Repairs and Taxes, it was decreed that he being only Tenant for Life, is not liable to make good the covenants of his Grandfather

Citations:

[1672] EngR 6, (1672) Fin H 86, (1672) 23 ER 46 (A)

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

See Also – Woodward v Earl Lincoln 2-Dec-1674
Assistance rendered to magistrates making restitution after a forcible entry, is a breach of an injunction for quieting possession. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 July 2022; Ref: scu.406363

CIN Properties Ltd v Dollar Land (Cumbernauld) Ltd: HL 21 May 1992

Citations:

[1992] UKHL 14, 1992 SC (HL) 104, 1992 SLT 669, 1992 SCLR 820

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

See Also – Cumbernauld and Kilsyth District Council v Dollar Land (Cumbernauld) Ltd HL 22-Jul-1993
A walkway had existed from the town centre to residential areas. When the land was acquired the defendant new owners sought to close the walkway. The authority asserted that a public right of way had been acquired.
Held: There was no need to . .
See Also – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) HL 16-Jul-1998
(Scotland) The appellants sought compensation under the law of unjustified enrichment for losses sustained as a result of the exercise against them of a conventional irritancy.
Held: Where a landlord recovered possession of land under lease by . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 July 2022; Ref: scu.279766

Eastleigh Borough Council v Walsh: HL 28 Mar 1985

The defendant had been allowed into the property under the homelessness legislation. The authority now sought possession. They said he had a licence only, but he claimed to have a secure tenancy.
Held: The authority had made a mistake, and the defedant was a secure tenant. The letter offering him the property, and his receipt for the keys, had said that a tenancy was being granted.

Judges:

Lord Scarman, Lord Keith of Kinkel, Lord Bridge of Harwich, Lord Brightman, Lord Templeman

Citations:

[1985] UKHL 12, [1985] 1 WLR 525, (1985) 17 HLR 392, 83 LGR 525, [1985] 2 All ER 112

Links:

Bailii

Statutes:

Housing Act 1980, Housing (Homeless Persons) Act 1977

Jurisdiction:

England and Wales

Housing, Landlord and Tenant

Updated: 22 July 2022; Ref: scu.279754

Salaried Staff London Loan Company Ltd v Swears and Wells Ltd: SCS 15 Feb 1985

Citations:

[1985] ScotCS CSIH – 2, 1985 SLT 326, 1985 SC 189

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Distinguished – Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago CA 1976
The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 July 2022; Ref: scu.279529

Sheffield City Council and Another v Oliver: LT 18 Aug 2008

LANDLORD AND TENANT – service charges – landlord’s covenant to repair structure and exterior of premises – whether external windows part of structure and exterior – held that they were – Landlord and Tenant Act 1985 s27A; Housing Act 1985 Sch 6 para 14(2).

Citations:

[2008] EWLands LRX – 146 – 2007

Links:

Bailii

Statutes:

Housing Act 1985, Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.278618

Norwich City Council v Marshall: LT 23 Oct 2008

LT LANDLORD AND TENANT – service charges – liability – whether lessee liable for management costs – held lessee liable for costs incurred in providing specified services under lease but not otherwise – Landlord and Tenant Act 1985 s 27A.

Citations:

[2008] EWLands LRX – 114 – 2007

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Citing:

Cited – Charrington and Co Ltd v Wooler HL 1914
The court is entitled to know the surrounding circumstances which prevailed when the contract was made. A contract is not to be construed in a vacuum. The term ‘market’ did not have a ‘fixed legal significance’ .
Lord Dunedin said: ‘in order to . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – Brent v Hamilton LT 23-Oct-2006
LT LANDLORD AND TENANT – service charges – liability – lease granted under Right to Buy legislation – whether lessee liable for management costs incurred in providing services – held lessee liable. . .
Cited – Gilje and others v Charlgrove Securities Ltd CA 4-Oct-2001
The court was asked as to the liability of five underlessees to pay the rent for a caretaker employed by the landlord. The lease envisaged a caretaker living in the building. Previously the caretaker had been paid a larger wage but had then paid a . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.278632

Mackeson v Boyd: SCS 7 Nov 1941

The pursuer had taken a lease of a furnished country residence but came to be able to occupy a small part of the property, after the main residence was requisitioned for the war effort.
Held: Speedie’s casedid apply, and: ‘ the tests to be applied in deciding whether there has been total or partial eviction from subjects leased are the same in the case of eviction by the action of the executive as in the case of eviction resulting from rei interitus.’

Judges:

Lord Patrick

Citations:

1942 SC 56, 1942 SLT 106, [1941] ScotCS CSIH – 4

Links:

Bailii

Citing:

Applied – Tay Salmon Fisheries Co Ltd v Speedie SCS 31-May-1929
The pursuers sought to assert a right to abandon a lease of a salmon fishery at Tents Moor. A danger zone had been created by the Air Council which included the area comprised, and it had become impossible for anyone to use the land.
Held: Two . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 21 July 2022; Ref: scu.279379

Jones, Re an Appeal: LT 18 Jul 2008

LT LANDLORD AND TENANT – service charges – liability – whether costs reasonably incurred – insurance premium – building consisting of ground floor commercial use with two flats above – landlord’s obligation to insure against fire and other normal residential risks – whether evidence that premium increased by insurance against additional risks – held no such evidence – appeal dismissed.

Citations:

[2008] EWLands LRA – 140 – 2007

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.278608

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 – prejudice to tenants – held failure fundamental – LVT’s refusal of dispensation upheld – Landlord and Tenant Act 1985 ss 20, 20ZA, Service Charges (Consultation Requirements)(England) Regulations 2003

Judges:

Rose FRICS

Citations:

[2008] EWLands LRX – 185 – 2006

Links:

Bailii

Statutes:

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

Jurisdiction:

England and Wales

Citing:

Appeal from – 30-40 Grafton Way – Camden : London LVT 30-Oct-2006
Service Charges . .

Cited by:

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: 21 July 2022; Ref: scu.278604

Mawhood and Another v Sinclair Gardens Investments (Kensington) Ltd: LT 9 Jul 2008

LT LANDLORD AND TENANT – variation of leases – Landlord and Tenant Act 1987 sections 35 and 38 – breach of natural justice (omission by LVT to take into consideration lessees’ submissions) – variation made taking into account attitudes of the parties in the light of impending enfranchisement (section 38(6)(b) applied).

Citations:

[2008] EWLands LRX – 59 – 2007

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 35 38

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.278609

Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007

His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act.
Held: However unattractive the point made by the defendant, the court had to look to its validity in law. The licence and intended lease were not severable. If the intended lease became impossible that did not leaveth elicence to become a lease: ‘if the licence did not fall to be treated as a stand-alone document, then the vendor/purchaser exception to the prima facie Street v. Mountford position would obtain. He is right to accept that. I have come to the conclusion that this is plainly a case of a licence being granted in the context of the acquisition of the larger interest and, as such, the nature of the interest granted by Cameron and obtained by Rolls-Royce under the agreement itself and pending the grant of the lease is that of a licence only.’

Judges:

MannJ

Citations:

[2007] EWHC 546 (Ch)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Cited – Joseph v Joseph CA 1967
The words in section 38(1) ‘purports to’ means ‘has the effect that’ so that an agreement to give up possession in two years when the lease would still have six years to run infringed section 38 as it would preclude an application or request for a . .
Cited – Street v Mountford HL 6-Mar-1985
When a licence is really a tenancy
The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted.
Held: . .
Cited – National Car Parks Ltd, Regina (on the Application of) v Trinity Development Company (Banbury) Ltd CA 18-Oct-2001
The land owner appealed a decision that the claimant was a tenant of its premises. It had granted what was described as a licence to the claimant, but stated explicitly that the claimant’s servants should not in any way impeach the land-owner’s . .
Cited – Essex Plan Ltd v Broadminster ChD 1988
The defendant with the benefit of an option to take a lease was allowed into the premises pursuant to what was described as, and purported to be, a licence. He then claimed a tenancy.
Held: The agreement was indeed a licence. Referring to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.261894

Tenants of Langford Court v Doren Ltd: LT 31 Mar 2001

Landlord and Tenant Act 1985 s.20C – Order to disregard litigation costs as relevant costs for service charge – Does not follow event of litigation – ‘just and equitable’ criterion – Procedure on appeal from LVT under Landlord and Tenant Act 1985 s. 31A – Rehearing discretionary

Citations:

[2001] EWLands LRX – 37 – 2000

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.225644

Egerton v Jones: CA 1939

A mortgagee of a leasehold interest claimed that he should have been given notice of a section 146 notice served on the lessee.
Held: A mortgagee by subdemise is always at the risk of a lessor obtaining re-entry for breach of covenant without the mortgagee knowing anything about it. He is completely shut out. Every mortgagee, therefore, knows that this is the risk he runs. If, after taking a covenant from his mortgagor to observe the covenants in the lease, he takes no steps whatsoever to satisfy himself from time to time that no breach of covenant is taking place, he is always exposed to the risk that, behind his back and without his knowledge, the lessor will succeed in re-entering, and so determining the lease, with the result that all possibility of relief from forfeiture is lost to the mortgagee. That is one of the risks of the game.
Sir Wilfred Greene MR required the mortgagees had to pay the landlord’s costs on the solicitor and client basis, rather than the party and party basis, on the principle that the landlord should be indemnified against proper expenses reasonably incurred, which party and party costs would not give them.

Judges:

Sir Wilfred Greene MR, Mackinnon and Finlay LJJ

Citations:

[1939] 2 KB 702

Statutes:

Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

Cited – Patel and Another v K and J Restaurants Ltd and Another CA 28-Oct-2010
The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action . .
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, Costs

Updated: 21 July 2022; Ref: scu.179899

Mirza and Another v Mirza and others: ChD 7 Jan 2009

The landlord had sought possession of the property after teminating a shorthold tenancy. One of the tenants now said that he was in fact the beneficial owner of the property, and that the tenancy agreement had been a sham to secure payment of housing benefit.

Judges:

Stephen Smith QC

Citations:

[2009] EWHC 3 (Ch), [2009] 2 FCR 12, [2009] 2 FLR 115, [2009] Fam Law 291

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.279863

Tay Salmon Fisheries Co Ltd v Speedie: SCS 31 May 1929

The pursuers sought to assert a right to abandon a lease of a salmon fishery at Tents Moor. A danger zone had been created by the Air Council which included the area comprised, and it had become impossible for anyone to use the land.
Held: Two grounds of judgment were put forward, eviction and rei interitus. Entire estates can be overblown with sand for centuries and so fall subject to the rei interitus doctrine of the civil law. There was not actual destruction, but there was constructive total destruction. The the law applicable to physical or actual rei interitus was extended to constructive total destruction.

Judges:

Lord President Clyde

Citations:

[1929] ScotCS CSIH – 4

Links:

Bailii

Cited by:

Applied – Mackeson v Boyd SCS 7-Nov-1941
The pursuer had taken a lease of a furnished country residence but came to be able to occupy a small part of the property, after the main residence was requisitioned for the war effort.
Held: Speedie’s casedid apply, and: ‘ the tests to be . .
Lists of cited by and citing cases may be incomplete.

Scotland, Landlord and Tenant

Updated: 21 July 2022; Ref: scu.279355

Bromley Park Garden Estates Ltd v Moss: CA 1982

When considering whether to give consent to an assignment of a lease, the landlord need consider only his own interests.
Slade LJ said: ‘I find it rather more surprising that, when the landlords came subsequently to question the validity of the assignment in such circumstances, they should be free to rely on reasons for their refusal which had not been mentioned to the tenant, or even hinted at, either before or in the letter of 16 September 1980 which contained the outright refusal. In the absence of authority, I would have thought there was much to be said for the view that a landlord who, by stating to the tenant one reason only for refusing his consent to an assignment, that reason being a demonstrably bad one, provokes a tenant into assigning without consent, should not thereafter be allowed to rely on unstated reasons for the purpose of attacking the validity of the assignment. However, authorities . . appear to establish that the court, in considering questions of reasonableness or otherwise in this context, is not confined to the reasons expressly put forward by the landlord prior to the date of the refusal.’
Dunn LJ referred to the case law and said: ‘In both cases the withholding of consent to the assignments by the landlords were held not to have been unreasonable. In both cases the landlords were seeking to uphold the status quo and to preserve the existing contractual arrangements provided by the leases. In both cases, the landlords reasonably believed that they would suffer detriment if the assignments were made. It is true that in deciding the question of unreasonableness the courts did not confine themselves to narrow considerations as to the personality of the proposed assignee or the subject matter of the lease, as had been done in some of the older cases, and it may be that the passage in Woodfall was intended to draw attention to that, but there is nothing in the cases to indicate that a landlord is entitled to refuse his consent in order to acquire a commercial benefit for himself by putting into effect proposals outside the contemplation of the lease under consideration, and to replace the contractual relations created by the lease by some alternative arrangements more advantageous to the landlord, even though this would be in accordance with good estate management.’

Judges:

Slade LJ, Dunn LJ

Citations:

[1982] 2 All ER 890, [1982] 1 WLR 1019

Jurisdiction:

England and Wales

Citing:

Cited – West Layton Ltd v Ford; West Layton Ltd v Joseph and Another CA 12-Feb-1979
When considering whether to consent to an assignment of a lease, a landlord need consider only his own interests. . .

Cited by:

Cited – International Drilling Fluids v Louisville Investments (Uxbridge) Ltd CA 20-Nov-1985
Consent to Assignment Unreasonably Withheld
The landlord had refused a proposed assignment of office premises from a tenant who had occupied the premises as its permanent offices, to a tenant who proposed to use the premises as serviced offices – that is, for short-term rent to others. The . .
Cited – Footwear Corporation Ltd v Amplight Properties Ltd ChD 1-Apr-1998
The plaintiff was tenant of premises under a lease granted by the defendant’s predecessor in title. He vacated the premises in July 1996, and on 17 November 1997 wrote asking the defendant for a licence to sublet them to a pet shop business. The . .
Cited – Norwich Union Life Insurance Society v Shopmoor Ltd ChD 1999
Shopmoor’s predecessors demised premises for 150 years at a yearly rent of andpound;100 on payment of a premium. A covenant provided that the tenant was not to assign or sublet without the landlord’s consent, not to be unreasonably withheld or . .
Cited – Go West Ltd v Spigarolo and Another CA 31-Jan-2003
The tenant applied for a licence to assign the lease under section 1. The landlord refused consent, but the parties continued to negotiate. The tenant argued that the landlord’s continuation of negotiations showed the earlier counter-notice to have . .
Cited – NCR Ltd v Riverland Portfolio No.1 Ltd ChD 16-Jul-2004
The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting.
Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and . .
Considered – Orlando Investments v Grosvenor Estate Belgravia 1989
The lease contained a tenant’s covenant to repair, and not to assign without the landlord’s consent, such consent not to be unreasonably withheld. T, himself an assignee, and therefore not liable on the covenant after assignment, sought consent from . .
Cited – Norwich Union Life Insurance Society v Shopmoor Ltd ChD 10-Apr-1997
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed.
Held: The 1988 Act . .
Cited – Norwich Union Life Insurance Society v Shopmoor Ltd ChD 10-Apr-1997
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed.
Held: The 1988 Act . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Leading Case

Updated: 21 July 2022; Ref: scu.199281

Greenwich LBC v Discreet Selling Estates Ltd: CA 1990

In the case of a continuing breach of covenant in a lease, anomalous acts of a landlord waiving a right of forfeiture may leave in force a section 146 notice served prior to the waiver in respect of breaches occurring after the acts of waiver

Citations:

[1990] 2 EGLR 65

Statutes:

Landlord of Prooerty Act 1925 146

Jurisdiction:

England and Wales

Cited by:

Cited – First Penthouse Limited/Channel Hotels and Properties (UK) Limited v Channel Hotels and Properties (UK) Limited/Fahad Al Tamimi First Penthouse Limited Varlet International Limited Ruth Gary Orbach Quallvile Limited Norval Holdings Limited ChD 14-Nov-2003
Several transactions had taken place with regard to a lease of a roof void, which was to be developed for penthouses. The lease had been charged to secure funding. The development did not proceed to schedule, and a s146 notice was served. It was . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.187988

Lord Ashburton v Nocton: CA 1915

The parties to a lease can agree that an early payment of rent will satsify the duty to pay rent due later, displacing the rule that an early payment does not satisfy a later duty to make payment.

Judges:

Swinfen Eady LJ

Citations:

[1915] 1 Ch 274

Jurisdiction:

England and Wales

Cited by:

Cited – Altonwood Ltd v Crystal Palace FC (2000) Ltd ChD 7-Mar-2005
The landlord claimed arrears of rent and other payments due under the lease of the football ground occupied by the club. A licence had been granted for the accomodation to be shared with Wimbledon Football Club. The rent varied with the gate . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.223841

Houlder Brothers and Co Ltd v Gibbs: CA 1925

The landlord owned two adjoining commercial properties. The tenant of one proposed to assign the lease to the tenant of the adjoining property. The landlord refused consent on the ground that if the assignment went ahead, it was likely that the assignee would terminate its tenancy of the adjoining property, which the landlord would have difficulty reletting.
Held: Discussing the matters which a landlord may take into account when refusing to consent to an assignment of a lease: ‘in a case of this kind the reason must be something affecting the subject matter of the contract which forms the relationship between the landlord and the tenant, and . . it must not be something wholly extraneous and completely dissociated from the subject matter of the contract.’

Judges:

Sargant LJ, Warrington LJ

Citations:

[1925] Ch 575

Jurisdiction:

England and Wales

Citing:

Applied – Bates v Donaldson CA 1896
The landlord had refused consent to an assignment of the lease to a respectable and responsible prospective tenant, for the reason that the landlord wished to place commercial pressure on the existing tenant to surrender the lease to the landlord. . .

Cited by:

Cited – Ashworth Frazer Limited v Gloucester City Council HL 8-Nov-2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might . .
Cited – Ashworth Frazer Ltd v Gloucester City Council CA 3-Feb-2000
A landlord could not refuse to consent to an assignment because of a belief, even if reasonably based, that the intended use by the prospective assignee would be a breach of covenant under the lease. That did not mean that a landlord could not after . .
Cited – Sargeant, and Sargeant v Macepark (Whittlebury) Limited ChD 8-Jun-2004
The landlord granted the tenant a licence to make alterations to the property, but imposed conditions on the use to be made of the resulting premises. The tenant objected.
Held: The landlord was entitled when granting consent to take into . .
Cited – Lambert v FW Woolworth and Co Ltd CA 1938
The court considered the reasonableness of the withholding of consent under the Act: ‘the landlords have unconditionally withheld their consent and made no condition as to payment of any compensation in respect of damage to or diminution in the . .
Cited – NCR Ltd v Riverland Portfolio No.1 Ltd ChD 16-Jul-2004
The tenant complained that the landlord had unreasonably delayed approval of a proposed underletting.
Held: The court had to bear in mind that the consent was to an underlease, and that therefore there was no privity between the landlord and . .
Cited – International Drilling Fluids v Louisville Investments (Uxbridge) Ltd CA 20-Nov-1985
Consent to Assignment Unreasonably Withheld
The landlord had refused a proposed assignment of office premises from a tenant who had occupied the premises as its permanent offices, to a tenant who proposed to use the premises as serviced offices – that is, for short-term rent to others. The . .
Cited – Norwich Union Life Insurance Society v Shopmoor Ltd ChD 10-Apr-1997
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed.
Held: The 1988 Act . .
Limited (obiter) – Viscount Tredegar v Harwood HL 1929
Landlord’s reserved right to approve insurer
A covenant in the lease required the lessee to insure the premises with a nominated insurer or another insurer approved by the lessor. The lessor refused to approve a responsible and reputable insurer because of his wish that all tenants insure with . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 21 July 2022; Ref: scu.187991

Ravenseft Properties Ltd v Davstone (Holdings) Ltd: QBD 30 Oct 1978

It was a question of degree whether the work carried out on a building was a repair or work that so changed the character of the building as to involve giving back to the landlord a wholly different building to that demised.

Judges:

Forbes J

Citations:

[1978] EWHC QB 1, [1979] 1 All ER 929, 249 EG 51, [1979] 2 WLR 897, [1980] QB 12

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 July 2022; Ref: scu.245444

Ravenseft Properties Ltd v Park: 1989

Citations:

[1989] CLY 2186

Jurisdiction:

England and Wales

Cited by:

Applied – Laura Investments v Havering ChD 1992
The land was undeveloped when let to the tenant, who covenanted to build on it. On the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition as originally let.
Held: In the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 July 2022; Ref: scu.187392

Re Ravenseft Properties Ltd’s Application: 1978

A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, freedom to trade there.

Judges:

Mocatta P

Citations:

[1978] 1 QB 52

Statutes:

Restrictive Trade Practices Act 1976

Jurisdiction:

England and Wales

Cited by:

Confirmed – The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited RPC 28-Jul-1999
Agreements had been made controlling the broadcasting of football matches. The director general sought to challenge them as restrictive practices, since the individual clubs had signed away their right themselves to arrange for the broadcasting of . .
Cited – Williams, Williams v Kiley T/A CK Supermarkets Limited CA 21-Nov-2002
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants.
Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Commercial

Updated: 19 July 2022; Ref: scu.182972