Category: Landlord and Tenant

Cricket Ltd v Shaftesbury plc: ChD 16 Dec 1998

The tenant had had two six month tenancies followed by a tenancy at will. He sought protection under the 1954 Act, saying that the total term exceeded 12 months.
Held: A period which did not itself qualify under the Act could not be aggregated with earlier tenancies which failed similarly in order to create a tenancy which did have protection. A tenancy at will was not caught at all by the 1954 Act.

Judges:

Neuberger J

Citations:

[1999] 3 All ER 283

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Applied – Wheeler v Mercer HL 31-Oct-1956
The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act as a tenant at will. The landlord said that the occupation was not protected. The formal tenancy . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 June 2022; Ref: scu.216561

Whitley v Stumbles: HL 1930

The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act.
Held: The standard conveyancing meaning of the word ‘premises’ has long been established as meaning the subject matter of the habendum of the lease. In strict conveyancing language the word ‘premises’ is used as meaning the subject-matter of the habendum in a lease. ‘Premises’ in the vital part of the statute had its strict legal meaning of the subject matter of the habendum of a lease, which would include incorporeal rights. In certain sections ‘premises’ was used in ‘a colloquial sense . . as meaning merely the physical buildings and land which are included in the lease.’
There was no reason to suppose that the expression ‘any premises held under a lease’ in section 17 of the 1927 Act did not include ‘not merely the actual buildings in which trade is carried on, but also the land surrounding them, the easements granted as appurtenant to them, and any other incorporeal hereditaments which may form part of the premises in the strict legal sense of the term which are the subject matter of the habendum.’ Any other construction would defeat the plain purpose of the Act, which was to provide in the circumstances defined in the Act the tenant should have the right to continue to carry on his trade or business in the premises in the legal sense in which he was carrying them on under the lease for which he seeks that renewal.

Judges:

Viscount Hailsham

Citations:

[1930] AC 544

Statutes:

Landlord and Tenant Act 1927 17

Jurisdiction:

England and Wales

Cited by:

Cited – Spring House (Freehold) Ltd v Mount Cook Land Ltd CA 12-Dec-2001
A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
Cited – Regina v Yuthiwattana CACD 1984
The defendant appealed against his convictions under the 1977 Act.
Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. . .
Cited – Pointon York Group Plc v Poulton CA 13-Jul-2006
The lease included a right to use seven designated parking spaces. The parties disputed whether parking space could be occupied in such a way as to be given protection under the Landlord and Tenant Act 1954.
Held: A parking space is an . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 16 June 2022; Ref: scu.184142

Edwards v Thompson: CA 1990

Citations:

(1990) TLR 43

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Cited by:

Cited – Dolgellau Golf Club v Hett CA 3-Apr-1998
The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success.
Held: Where the landlord had expressed intention to commence . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 14 June 2022; Ref: scu.216666

Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc: CA 15 Dec 1993

The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or inaccuracies which do not have the potential to mislead will not invalidate a notice.

Citations:

Times 15-Dec-1993, [1994] 17 EG 148, [1994] 1 EGLR 93

Statutes:

Landlord and Tenant Act 1954 48, Landlord and Tenant Act 1987 48

Jurisdiction:

England and Wales

Cited by:

Limited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994
The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name . .
Cited – Drew-Morgan v Hamid-Zadeh CA 13-May-1999
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent.
Held: A notice which was . .
Cited – Mason v Boscawen ChD 18-Dec-2008
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 14 June 2022; Ref: scu.79786

Rogan v Woodfield Building Services Ltd: CA 10 Aug 1994

The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name and address in England or Wales at which he can be served with notices. If the name and address is stated in the lease or tenancy agreement without limitation or qualification, it is a necessary implication that he can be communicated with at that address and hence it is a place to which notices can be sent. The section does not require that the notice shall state that it is the address at which notices can be served. The mischief at which the section was aimed was the problem created when the landlord’s identity was not known and/or the tenant did not know of an address within the jurisdiction to which notices could be sent and proceedings served.
Provided the name and address is communicated to the tenant in writing, which it is if it is stated in the lease or tenancy agreement, there is no need for a separate notice.’

Judges:

Sir Ralph Gibson, Stuart Smith LJ

Citations:

Times 10-Aug-1994, [1995] 27 HLR 78, [1995] 1 EGLR 72

Statutes:

Landlord and Tenant Act 1987 48

Jurisdiction:

England and Wales

Citing:

Limited – Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc CA 15-Dec-1993
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or . .

Cited by:

Cited – Drew-Morgan v Hamid-Zadeh CA 13-May-1999
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent.
Held: A notice which was . .
Cited – Marath and Another v MacGillivray CA 5-Feb-1996
A landlord’s notice to the effect that ‘3 month’s rent due’ was a sufficiently precise demand to allow the tenant to know the nature of his default, and the notice was valid. the relevant notice said: ‘Signed: RM If signed by agent, name and address . .
Cited – Leeds v London Borough of Islington Admn 29-Jan-1998
. .
Cited – Morgan v Hamid-Zadeh CA 15-Sep-1998
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 14 June 2022; Ref: scu.88843

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: Intrepreneur’s appeal was allowed. The Commission’s decision was not binding. Lord Bingham: ‘Community law prohibits the making by national courts of decisions which contradict decisions of Community institutions on the same subject matter between the same parties, and strongly discourages the making by national courts of decisions which may be inconsistent with decisions which may yet be made by Community institutions on the same subject matter between the same parties. But it does not . . go the length of requiring national courts to accept the factual basis of a decision reached by a Community institution when considering an issue arising between different parties in respect of a different subject matter. ‘

Judges:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe

Citations:

[2006] UKHL 38, Times 20-Jul-2006, [2006] 3 WLR 148, [2006] NPC 85, [2006] 4 All ER 465, [2006] ICR 1344, [2006] 30 EGCS 103, [2006] 30 EG 103, [2007] 1 AC 333

Links:

Bailii

Statutes:

Council Regulation (EC) No 1/2003 16

Jurisdiction:

England and Wales

Citing:

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. . .
Cited – Swiss China Time Ltd v Benetton International NV ECJ 1-Jun-1999
ECJ Competition – Application by an arbitration tribunal, of its own motion, of Article 81 EC (ex Article 85) – Power of national courts to annul arbitration awards.
‘Article [81] of the Treaty constitutes a . .
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 . .
At ECJ – 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 . .
See Also – Courage Ltd v Crehan CA 12-Nov-2001
. .
At First Instance – 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. . .
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 . .
Cited – Masterfoods Ltd v HB Ice Cream Ltd ECJ 14-Dec-2000
Masterfoods Ltd, a subsidiary of Mars Inc, brought proceedings in Ireland against HB Ice Cream Ltd, a subsidiary of Unilever, for a declaration that its agreements to provide retailers with freezer cabinets on terms that they stocked only HB ice . .
Cited – Iberian (Uk) Ltd v BPB Industries Plc and Another ChD 15-May-1996
UK courts should avoid creating procedures inconsistent with European decisions: ‘The necessity of avoiding conflicting decisions between the Commission and national courts is a theme which runs through a number of European and English domestic . .
Cited – H J Banks and Co Ltd v Coal Authority and Another CA 13-Jun-2002
. .
Cited – Coal Authority v H J Banks and Company Ltd; H J Banks and Company Ltd v The Coal Authority and Anoher ComC 20-Dec-1996
ComC Summary judgment under RSC Order 14 – claim for royalties – previous decision of the European Commission – claim for damages for breach of article 4 European Coal and Steel Treaty. The defence to the Coal . .
Cited – William Stirling The Younger v Maitland And Boyd 1864
Cockburn CJ stated: ‘I look on the law to be that, if a party enters into an agreement which can only take effect by the continuance of a certain existing state of circumstances, there is an implied engagement on his part that he shall do nothing of . .
Cited – Mackay v Dick and Stevenson HL 1881
One party contracted to supply to the other ‘a steam navvy of novel construction’ on condition that it achieved a stipulated rate of excavation in stipulated circumstances. The purchaser did not make available the ‘opened up face’ that was necessary . .
Cited – Deutsche Grammophon Gesellschaft Mbh v Metro-Sb-Grossmarkte Gmbh and Co Kg ECJ 8-Jun-1971
ECJ Under article 177 of the court, when giving a preliminary ruling, is entitled only to pronounce on the interpretation of the treaty and of acts of the institutions of the community or on their validity but . .
Cited – Morgan Stanley Dean Witter Bank Ltd v Visa International Service Association 2-May-2001
. .
Cited – Nv L’Oreal And Sa L’Oreal v Pvba De Nieuwe Amck ECJ 11-Dec-1980
ECJ The agreements laying down a selective distribution system based on criteria for admission which go beyond a mere objective selection of a qualitative nature exhibit features making them incompatible with . .
Cited – European Food and Others v Commission ECFI 18-Jun-2019
State aid – Award made by an arbitral tribunal established under the auspices of the International Centre for Settlement of Investment Disputes (ICSID) – Payment of compensation granted to certain economic operators – Decision declaring the aid . .
Cited – Stergios Delimitis v Henninger Brau AG ECJ 28-Feb-1991
ECJ A beer supply agreement is prohibited by Article 85(1) of the EEC Treaty if two cumulative conditions are met. The first is that, having regard to the economic and legal context of the agreement at issue, it . .

Cited by:

Cited – Micula and Others v Romania SC 19-Feb-2020
The appellant sought to enforce a international arbitration award against the respondent. The award was made under an arrangement which became unlawful on Romania’s accession to the EU, and Romania obtained s stay pending resolution by the CJEU.
Lists of cited by and citing cases may be incomplete.

European, Commercial, Landlord and Tenant

Updated: 14 June 2022; Ref: scu.243335

Agavil Investments: CA 3 Oct 1975

The cost of providing a caretaker’s accommodation in a building was recoverable under the lease by the landlord as part of the service charge although the relevant schedule also referred to specific expenses which were also recoverable. The landlord’s obligation was recover ‘The costs, charges and expenses incurred in employing a caretaker for the buildings whether resident on the premises or otherwise.’

Judges:

Lord Justice Cairns

Citations:

Unreported, 3rd October 1975

Jurisdiction:

England and Wales

Cited by:

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: 13 June 2022; Ref: scu.263799

Smirk v Lyndale Developments Ltd: CA 2 Jan 1975

Judgment upheld

Citations:

[1975] Ch 317

Jurisdiction:

England and Wales

Citing:

Appeal from – Smirk v Lyndale Developments Ltd ChD 1975
The court considered the doctrine that a tenant acquiring title to land by adverse possession, did so on behalf of hs landlord.
Held: The cases demonstrated that ‘the law . . has got into something of a tangle’, but the doctrine, at least as . .

Cited by:

Cited – Graham and others v Mayrick ChD 23-Mar-2006
The claimants sought specific performance of a compromise agreement with the defendant after a dispute over a strip of land. The defendant appealed a finding that the claimants had shown satisfactory title.
Held: ‘It has long been established . .
Cited – Trustees In the Charity of Sir John Morden v Mayrick; Graham v Mayrick CA 12-Jan-2007
The claimant had owned tracts of land in London for very many years, but the title deeds had been lost. The defendant had purchased a part from a company who had in turn purchased from the claimants, but the parties disputed an adjacent strip of . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 June 2022; Ref: scu.247962

Sun Life Assurance Plc v Thales Tracs Ltd and Another: CA 10 May 2001

The landlord complained that the tenant, when he served his section 26 notice had had no intention of taking up a new lease.
Held: The landlord’s contention was true, but the Act did not require anything beyond the notice. The section 26 notice itself was valid, even though as the tenant intended he had acquired a further time within which to secure alternative premises.

Citations:

[2001] EWCA Civ 704, [2001] 20 EG 30

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 11 June 2022; Ref: scu.201091