Category: Landlord and Tenant

Unique Pub Properties v Onifas Limited: ChD 2011

Enterprise owned the reversion on the lease of a public house, The Bedford, in Balham, having taken as assignment of that reversion from Unique. Onifas Ltd was the tenant. Unique had installed a ‘DMS’ flow measurement system at The Bedford in 2006. While Unique was still its landlord, Onifas gave notice to Unique requiring it to remove the equipment, threatening to remove it itself if Unique did not. Unique refused to do so, and threatened to apply for an injunction if Onifas’ threat was carried out. Following a refusal by Onifas to give an undertaking, proceedings were commenced by Unique for an injunction to restrain the threatened interference. After commencement of proceedings the transactions took place under which Enterprise acquired the reversion.
The dispute hinged on the meaning of the reservation of a right for the Landlord to enter and install measuring the flow of beers sold. The main issue was: ‘Was the reservation subject to an implied proviso that Unique/Enterprise would not consider appropriate or desirable any flow regulating or monitoring system which was either unlawful or is in fact unable to support an accurate monitoring of the sales of beers and ciders for the purposes of the terms of trading in the lease?’ The Judge expressed the reservation as a right to enter the property: ‘to install such flow regulating or monitoring systems and such other ancillary equipment as [it] may from time to time consider appropriate or desirable.’
Held: There was no implied term such as that for which Onifas contended. Mr Seitler QC, on behalf of Onifas accepted that the landlord was entitled to a degree of flexibility in its choice of flow monitoring system but that that flexibility did not, he argued, extend to a system that was inherently inaccurate and unlawful.

Judges:

Behrens J

Citations:

[2011] EWHC 3071 (Ch)

Jurisdiction:

England and Wales

Citing:

Considered – Attorney General of Belize and others v Belize Telecom Ltd and Another PC 18-Mar-2009
(Belize) A company had been formed to manage telecommunications in Belize. The parties disputed the interpretation of its articles. Shares had been sold, but the company was structured so as to leave a degree of control with the government. It was . .

Cited by:

See Also – Unique Pub Properties Ltd v Broard Green Tavern Ltd and Another ChD 26-Jul-2012
The claimant freeholder sought to install in the tenant’s pub, equipment to monitor sales. It claimed a right for this in the lease. The tenant refused access, saying that the proposed system was inaccurate. The claimant now sought summary relief. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 July 2022; Ref: scu.463303

Business Environment Bow Lane Ltd v Deanwater Estates Ltd: TCC 31 Jul 2008

The court considered liability under a repairing covenant at the termination of a lease.

Judges:

Toulmin CMG QC J

Citations:

[2008] EWHC 2003 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Business Environment Bow Lane Ltd v Deanwater Estates Ltd CA 27-Jun-2007
Enforcement of repairing obligations in lease after assignments, and the use of collateral contracts. Sir Andrew Morritt C said: ‘The law relating to collateral contracts is well-established but in connection with sales or leases of land needs to be . .

Cited by:

See Also – Business Environment Bow Lane Ltd v Deanwater Estates Ltd ChD 31-Jul-2009
The court was asked ‘Where a claimant has picked up one or more costs orders in its favour on the way to a trial, but fails very badly at the trial (for example due to exaggeration), can the costs judge assess those costs at nil on the footing that . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 19 July 2022; Ref: scu.272796

In Re Lee (A Bankrupt): ChD 24 Feb 1998

An order vesting a lease disclaimed by the trustee in bankruptcy, in a mortgagee, may provide that any profit which is made on a re-sale of the lease was to be paid on to the receiver for the benefit of creditors.

Citations:

Times 24-Feb-1998, Gazette 08-Apr-1998

Statutes:

Insolvency Act 1986 320

Jurisdiction:

England and Wales

Citing:

Appealed to – In Re Lee (A Bankrupt) CA 22-Aug-1999
The court has sufficient discretion to order that the surplus proceeds of sale of a leasehold interest could be paid to the liquidator despite his having himself disclaimed any interest in the lease. Nobody else had claimed an interest, and the . .

Cited by:

Appeal from – In Re Lee (A Bankrupt) CA 22-Aug-1999
The court has sufficient discretion to order that the surplus proceeds of sale of a leasehold interest could be paid to the liquidator despite his having himself disclaimed any interest in the lease. Nobody else had claimed an interest, and the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Insolvency

Updated: 19 July 2022; Ref: scu.82001

In Re Lomax Leisure Ltd: ChD 4 May 1999

A landlord may exercise a right of peaceable re-entry without court action after his tenant company went into administration. It was not the enforcement of a security so as to be restricted by insolvency legislation.

Citations:

Times 04-May-1999, Gazette 26-May-1999

Statutes:

Insolvency Act 1986 10(1)

Jurisdiction:

England and Wales

Landlord and Tenant, Insolvency

Updated: 19 July 2022; Ref: scu.82007

Richmond Housing Partnership Ltd v Brick Farm Management Ltd: QBD 28 Jul 2005

The claimants were tenants of a charitable housing association, and sought the enfranchisement of their leasehold properties. The landlord appealed a declaration that the tenants were so entitled, saying that each of the tenants was excluded from the right to collective enfranchisement because his flat ‘forms part of the housing accommodation provided by (the Appellant) in the pursuit of its charitable purposes’ within the meaning of section 5(2)(b) of the Act.
Held: The provision of the long term leaseholds was not part of the charity’s function of providing social housing, and so was not exempt: ‘The fact that the freehold owner of the blocks of flats in question is a charitable housing trust, and that some flats in the blocks are let by it in the pursuit of its charitable objects, does not disqualify the participating tenants from the right to collective enfranchisement.’

Citations:

[2005] EWHC 1650 (QB), Times 30-Aug-2005

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 5(2)

Jurisdiction:

England and Wales

Citing:

Cited – Cadogan v McGirk CA 25-Apr-1996
The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly.
Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Charity

Updated: 18 July 2022; Ref: scu.229286

Crossco No 4 Unltd and Others v Jolan Ltd and Others: ChD 31 Mar 2011

Judges:

Morgan J

Citations:

[2011] EWHC 803 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Crossco No4 Unltd and Others v Jolan Ltd and Others CA 21-Dec-2011
The common intention constructive trust expounded in Stack v Dowden and Jones v Kernott (and similar cases) does not apply in a commercial context. . .
Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 18 July 2022; Ref: scu.431616

Goldeagle Properties Ltd v Thornbury Court Ltd: CA 25 Jul 2008

The landlord of a block of apartments appealed against an order requiring him to transfer his interest under the Act to the respondent company owned by the tenants.

Judges:

Tuckey, Carnwath, Jacob LjJ

Citations:

[2008] EWCA Civ 864

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 18 July 2022; Ref: scu.271101

Manton Securities Ltd v Nazam (T/A New Dadyal Cash and Carry): CA 17 Jul 2008

Citations:

[2008] EWCA Civ 805

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 24

Jurisdiction:

England and Wales

Citing:

Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Estoppel

Updated: 17 July 2022; Ref: scu.270870

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 did not make clear that a tenant faced with a delay could nevertheless complete the assignment. The landlord has a statutory duty to the tenant within a reasonable time to give consent, except in a case where it is reasonable not to give consent. In judging whether it is reasonable not to give consent, the position is tested by reference to the state of affairs at the expiry of the reasonable time. The landlord having shown no arguable defence,the tenant had been free to complete the assignment.
The tenant had itself appealed a finding that the landlord had been correct to withold consent to a subletting at a low rent where the landlord felt that this would affect its ability to negotiate rents for other properties locally. To allow the landlord to seek to control rents on subleases where it had no direct interest would give it too much power. The tenant’s appeal on this point succeeded.

Judges:

Sir Richard Scott VC

Citations:

[1997] EWHC Ch 368, [1999] 1 WLR 531, [1998] 2 EGLR 167, [1998] 3 All ER 32

Links:

Bailii

Statutes:

Landlord and Tenant Act 1988 1(3)

Jurisdiction:

England and Wales

Citing:

Cited – 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 . .
Cited – City Hotels Group Ltd v Total Property Investments Ltd 6-Jul-1984
The landlords had received a request for a consent to a proposed assignment of the lease. They did not, in terms, refused consent, but had not given it notwithstanding a considerable passage of time and lengthy correspondence. The court was asked . .
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 – FW Woolworth plc v Charlwood Alliance Properties Ltd ChD 1987
The tenant complained that the landlord had unreasonably withheld its consent to a proposed assignment.
Held: The landlords were not acting unreasonably in refusing consent on grounds which were unexceptionable. Judge Finlay QC said: ‘The . .
Cited – 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 . .
Cited – Bickel v Duke of Westminster CA 1977
The freeholder had refused consent to an assignment of the head lease of a house to a lady who, if she had become tenant under the head lease for five years, would have been entitled to buy the freehold from the Estate. The existing tenant was a . .
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 – 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 July 2022; Ref: scu.263760

Ahmad v Secret Garden (Cheshire) Ltd: CA 6 Aug 2013

The tenant appealed against an order for the rectification of the lease agreement between the parties. The recorder at first instance had found that both parties had been mistaken in their belief about the effect of a lease and had granted rectification.
Held: The appeal was dismissed.

Judges:

Arden, Lloyd-Jones, Fulford LJJ

Citations:

[2013] EWCA Civ 1005

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 17 July 2022; Ref: scu.514254

Bhambhani v Willowcourt Managment Co (1985) Ltd: LT 14 Apr 2008

LT LANDLORD AND TENANT – service charges – construction of lease – estoppel – whether tenant estopped from denying that increased quarterly payments on account of service charges were due despite not having been increased in the manner provided for by the lease – whether estoppel being used as a sword not a shield.

Citations:

[2008] EWLands LRX – 22 – 2007

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Estoppel

Updated: 17 July 2022; Ref: scu.270490

Glass Re 19 Snowdrop Street: LT 11 Jun 2008

LT LANDLORD AND TENANT – breach of covenant – whether a breach has occurred – covenant requiring notice of assignment – notice not given but landlord acquiring knowledge by other means – held breach had occurred – Commonhold and Leasehold Reform Act 2002 s 168.

Citations:

[2008] EWLands LRX – 153 – 2007

Links:

Bailii

Statutes:

Commonhold and Leasehold Reform Act 2002 168

Landlord and Tenant

Updated: 17 July 2022; Ref: scu.270502

Witnesham Ventures Ltd v Markwick and others: LT 24 Apr 2008

LT LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 section 27A -LVT’s decision lacking findings of fact or adequate reasons – Lands Tribunal deciding the dispute was not capable of just determination by Lands Tribunal on the papers on an appeal by way of review- in the light of that decision, parties consenting to remittal of case for rehearing of the relevant parts thereof by a differently constituted LVT.

Citations:

[2008] EWLands LRX – 19 – 2007

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 17 July 2022; Ref: scu.270491

Cadogan Estates Ltd v Panagopoulos and Another: LT 24 Jun 2008

LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – price – comparables -value of freehold – potential for conversion to a single house or one large maisonette with separate basement flat – market demand – planning – appeal dismissed – price confirmed at andpound;3,756,634.

Citations:

[2008] EWLands LRA – 97 – 2006

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 17 July 2022; Ref: scu.270499

Daejan Investments Ltd v The Holt (Freehold) Ltd: LT 2 May 2008

LT LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – Leasehold Reform, Housing and Development Act 1993 – whether appeal to take effect by way of rehearing or only by way of review – whether the price to be paid for certain property falling within section 1(2) remained in dispute for the purposes of section 24(1) – deferment rate in the light of Cadogan v Sportelli.

Citations:

[2008] EWLands LRA – 133 – 2006

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Development Act 1993

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 17 July 2022; Ref: scu.270495

Jones v London Borough of Merton: CA 16 Jun 2008

The court was asked ‘If a former secure tenant of a dwelling-house who has become a ‘tolerated trespasser’ in it decides to cease to occupy it, does his liability to pay mesne profits to his former landlord in respect of the dwelling-house cease when he gives up possession of it or does it continue until, additionally, his former landlord is notified that he is no longer in possession of it?’
Held: The tenant’s appeal was allowed in part. He was ordered to pay rent for the period he was now found to have been in possession. ‘A tolerated trespasser is a former secure tenant against whom an order for possession has been made in which the specified date for him to give possession has passed but which has not been executed. ‘ The submission that a court can graft on to the law a requirement that the liability of a tolerated trespasser for mesne profits should continue until his giving not only of possession but also of notification was invalid. ‘for social landlords, the upshot is simple: distinguish between your tenant and your tolerated trespasser; monitor whether you wish (or, by order, are required) to continue to tolerate your tolerated trespasser; in particular, monitor his payment of sums equivalent to rent; and, if such come significantly into arrears, apply for a warrant of possession. For the rights of your tolerated trespasser will end upon execution of the warrant of possession; and, alternatively, if, on application by your tolerated trespasser, the court should stay or suspend execution or postpone the date of possession, you will know the terms upon which the court has tolerated continuation of his trespass. ‘

Judges:

Arden, Wall, Wilson LJJ

Citations:

[2008] EWCA Civ 660, Times 03-Jul-2008

Links:

Bailii

Statutes:

Housing Act 1985

Jurisdiction:

England and Wales

Citing:

Cited – Burrows v Brent London Borough Council HL 31-Oct-1996
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority . .
Cited – Henderson v Squire 1869
The court considered the case where a tenant sublet the premises and the subtenant unlawfully retained possession following the termination of both tenancies.
Held: The tenant, although himself out of possession, had not given – or restored – . .
Disagreed with – John Laing Construction Ltd v Amber Pass Ltd ChD 7-Apr-2004
The landlord resisted the exercise of a break clause saying that the entire premises had not been vacated. The difference was as to whether mere vacation was enough, or whether the tenant had to do some further positive act. The tenant had left . .
Cited – Swordheath Properties Ltd v Floyd 1978
The rules relatng to the grant of immediate possession to a landowner as against squatters applied in the County Court just as much as in the High Court. The amount of damages payable by a trespasser on land is ordinarily the letting value of the . .
Cited – Southport Tramways Co v Gandy 1897
A former tenant who wrongfully remains in possession after the end of an ordinary tenancy ceases to be liable for mesne profits when he gives up possession, irrespective of notice. . .
Cited – Relvok Properties Ltd v Dixon CA 1972
A lease was assigned to a Mr Krokidis who then departed. The landlords instructed Estate Agents to change the locks. The defendants said that that amounted to a surrender of the lease.
Held: They were wrong: ‘In my judgment Judge Irving . .
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – Bristol City Council v Hassan and Glastonbury CA 23-May-2006
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order.
Cited – Harlow District Council v Hall CA 28-Feb-2006
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was . .
Cited – Dunn v Bradford Metropolitan District Council etc CA 31-Jul-2002
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession.
Held: Parliament had given wide discretion to the courts to find a balance . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 17 July 2022; Ref: scu.269725

Footwear Corporation Ltd v Amplight Properties Ltd: ChD 23 Mar 1998

Application by the plaintiff for a declaration that the defendant, its landlord has unreasonably withheld its consent to the subletting of the premises comprised in a lease, to a company. The plaintiff also seeks a declaration that in those circumstances the plaintiff is entitled to sublet the premises, and damages, albeit that the claim for damages was unlikely to be proceeded with on any view.

Judges:

Neuberger J

Citations:

[1998] EWHC Ch 313, [1998] 3 All ER 52, (1999) 77 P and CR 418, [1998] L and TR 30, [1999] 1 WLR 551

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 15 July 2022; Ref: scu.263753

Munt v Beasley: CA 4 Apr 2006

Mummery LJ expressed the view that an outward expression of accord, although established on the facts of that case, was not a strict legal requirement for rectification where the party resisting rectification had in fact admitted that his true state of belief when he entered into the transaction was the same as that of the other party. Mummery LJ saw the trend in recent cases as being ‘to treat the expression ‘outward expression of accord’ more as an evidential factor rather than a strict legal requirement in all cases of rectification.’

Judges:

Lord Justice Mummery Lord Justice Scott Baker The Right Honourable Sir Charles Mantell

Citations:

[2006] EWCA Civ 370

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – FSHC Group Holdings Ltd v Glas Trust Corporation Ltd CA 31-Jul-2019
Rectification – Chartbrook not followed
Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake.
Held: The appeal failed. The judge was right to conclude that an . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 15 July 2022; Ref: scu.242008

Rainbow Estates Ltd v Tokenhold Ltd and others: CA 7 Jun 2001

Citations:

[2001] EWCA Civ 975

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Rainbow Estates Ltd v Tokenhold Ltd and Another ChD 12-Mar-1998
There is no current common law bar preventing enforcement of a Landlord’s repair covenant by specific performance and this must be mirrored for the tenant’s obligations also. . .
Cited – Rainbow Estates Ltd v Tokenhold Ltd and Another CA 21-Mar-2001
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 15 July 2022; Ref: scu.201173

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 been an unreasonable refusal.
Held: The letter of refusal brought to an end the landlord’s response. By continuing negotiations after it had been served, he demonstrated that it had not been given in a reasonable time, which was the time reasonably required to do the things necessary under the Act. The scheme envisaged one notice from the tenant, and one notice from the landlord. The landlord had not unequivocally withdrawn his notice, and the landlord had acted unreasonably. Following the 1988 Act, the landlord is restricted to the reasons which he has given for refusing his consent.

Judges:

Pill, Potter LJJ, Munby J

Citations:

Times 10-Feb-2003, [2003] EWCA Civ 17, [2003] 2 WLR 896, [2003] QB 1140

Links:

Bailii

Statutes:

Landlord and Tenant Act 1988 1

Jurisdiction:

England and Wales

Citing:

Approved – 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 . .
Approved – 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 – 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 . .

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 . .
Cited – Design Progression Limited v Thurloe Properties Limited ChD 25-Feb-2004
The tenant applied for a licence to assign. The landlord failed to reply, anticipating that delay would allow it to generate a better lease renewal.
Held: The delay was unreasonable and a breach of the landlord’s statutory duty, and was an act . .
Cited – Arundel Corporation v Khokher CA 9-Dec-2003
The tenant had served a notice to review the rent. The tenent delivered a counter notice personally be posting it through the letter box. The lease provided that the notice was to be served at the last known business address of the landlord. 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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 15 July 2022; Ref: scu.180710

Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease.
Held: The criticisms of the judge had some weight. As to whether the document created a lease: ‘a parole tenancy will take effect as an interest at will only, and will not suffice as a periodic tenancy for purposes of the 1954 Act, unless it falls within subsection 2 of section 54 as being a parole lease for a term not exceeding three years at the best rent.’

Judges:

Laws, Rix, Jacob LJJ

Citations:

[2008] EWCA Civ 283

Links:

Bailii

Statutes:

Land Registration Act 2002 29, Law of Property Act 1925 54, Landlord and Tenant Act 1954 54(2)

Jurisdiction:

England and Wales

Landlord and Tenant, Registered Land

Updated: 14 July 2022; Ref: scu.266489

Gianfrancesco v Haughton: LT 6 Mar 2008

LT LANDLORD AND TENANT – variation of lease – tenant of flat with full repairing obligations for exterior – difficulties of access for this purpose – whether lease made satisfactory provision for this – substantial rewriting of lease proposed by tenant – held lease made satisfactory provision – appeal dismissed – Landlord and Tenant Act 1987 s 35.

Citations:

[2008] EWLands LRX – 10 – 2007

Links:

Bailii

Statutes:

Landlord and Tenant Act 1987 35

Landlord and Tenant

Updated: 14 July 2022; Ref: scu.266330

Akram v Adam: CA 9 May 2002

Application for leave to appeal against possession order and for stay of execution. Granted.

Judges:

Kennedy, Jackson LJJ

Citations:

[2002] EWCA Civ 812

Links:

Bailii

Statutes:

Rent Act 1977 98

Jurisdiction:

England and Wales

Cited by:

Application for leave – Akram v Adam CA 6-Nov-2002
The tenant appealed against an order requiring him to allow access to the landlord to carry out works in order to provide alternative accommodation.
Held: The order was invalid. Where the tenant was secure, and opposed the access, the power to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 14 July 2022; Ref: scu.217129

London Baggage Company v Railtrack Plc (No. 1): ChD 17 Apr 2000

Claim for a declaration that a tenancy was held under the 1954 Act.

Judges:

Pumfrey J

Citations:

[2000] EWHC 459 (Ch), (2000) 80 P and CR D38, [2000] L and TR 439, [2000] EG 57

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 July 2022; Ref: scu.329575

King v David Allen and Sons Billposting Ltd: HL 14 Feb 1916

Termination of a periodical tenancy by either the landlord or the tenant will bring to an end the possession of a licensee from the tenant, since the licensee’s rights are only contractual rights against the tenant. Termination by the tenant will expose the tenant to a claim for damages from the licensee. A licence creates personal rights which are binding solely upon the parties to the contract and do not run with the land

Citations:

[1916] UKHL 1, [1916] 2 AC 54, (1915) 2 IR 213

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Landlord and Tenant

Updated: 13 July 2022; Ref: scu.265981