The tenant sought damages from his landlord for interference with his goods on the execution of a distraint for arrears of rent.
[1997] EWCA Civ 2717
England and Wales
Updated: 10 November 2022; Ref: scu.143116
A landlord retained the right to forfeit a lease for non-payment of rent even though had re-assigned the benefit of the arrears to the previous landlord on the purchase. A landlord may assign the right to receive the rent without assigning the reversion.
Gazette 26-Nov-1997, Times 03-Dec-1997, [1997] EWCA Civ 2639, [1998] 1 EGLR 39
England and Wales
Cited – Clarence House Ltd v National Westminster Bank Plc CA 8-Dec-2009
The defendant tenants, anticipating that the landlord might delay or refuse consent to a subletting entered into a ‘virtual assignment’ of the lease, an assignment in everything but the deed and with no registration. The lease contained a standard . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 November 2022; Ref: scu.143038
Service Charges
[2015] EWLVT MAN – LV – SVC – 00BN – 0
England and Wales
Updated: 09 November 2022; Ref: scu.548356
Service Charges
[2015] EWLVT MAN – LV – SVC – 00BL – 0
England and Wales
Updated: 09 November 2022; Ref: scu.548467
[2014] UKFTT RP – LON – 00BE –
England and Wales
Updated: 09 November 2022; Ref: scu.629710
Service Charges
[2015] EWLVT LON – LV – SVC – 00BB – 0
England and Wales
Updated: 09 November 2022; Ref: scu.548353
For the determination of the reasonableness of and the liability to pay an administration charge and for the reimbursement of fees and costs
[2015] UKFTT RP – LON – 00BK –
England and Wales
Updated: 09 November 2022; Ref: scu.626186
Service Charges
[2014] EWLVT LON – LV – SVC – 00AP – 0
England and Wales
Updated: 09 November 2022; Ref: scu.524514
Forfeiture
[2014] EWLVT MAN – LV – FFT – 30UM – 0
England and Wales
Updated: 09 November 2022; Ref: scu.534675
Flats – Enfranchisement and New Leases
[2014] EWLVT LON – LV – NFE – 00AW – 0
England and Wales
Updated: 09 November 2022; Ref: scu.534696
Service Charges
[2014] EWLVT LON – LV – SVC – 00AH – 0
England and Wales
Updated: 09 November 2022; Ref: scu.524532
Meaning and effect of a poorly drafted guarantee
Mr Justice Morgan
[2014] EWHC 145 (Ch)
Landlord and Tenant (Covenants) Act 1995
England and Wales
Updated: 09 November 2022; Ref: scu.520871
Mr Justice Mann
[2013] EWHC 1068 (Ch)
England and Wales
Updated: 09 November 2022; Ref: scu.478066
UTLC LEASEHOLD ENFRANCHISEMENT – flats – premiums for extended leases – capitalisation rate – discount for onerous ground rent terms – Leasehold Reform, Housing and Urban Development Act 1993, Schedule 13 Part I – appeal dismissed
Lindblohm P, Rose FRICS
[2012] UKUT 391 (LC)
Leasehold Reform, Housing and Urban Development Act 1993 Sch 13
England and Wales
Updated: 09 November 2022; Ref: scu.466655
UTLC LANDLORD AND TENANT – service charge – preliminary issue – construction of term in lease – LVT holding onus on landlord to establish case on meaning and that meaning uncertain – held that this approach wrong – appeal allowed
Lindblohm P
[2012] UKUT 373 (LC)
England and Wales
Updated: 09 November 2022; Ref: scu.466657
UTLC LANDLORD AND TENANT – variation of leases – application by landlords and majority of leaseholders for variation of all leases to allow replacement of communal heating system with individual boilers and recovery of management and legal costs through the service charge – appeal against LVT’s refusal to order recovery of management and legal costs variation – whether single or multiple objects of variation – sufficiency of reasons – appeal dismissed – Landlord and Tenant Act 1987 sections 37 and 38
Judge Gerald and A J Trott FRICS
[2012] UKUT 245 (LC)
England and Wales
Updated: 09 November 2022; Ref: scu.466658
[2012] ScotCS CSOH – 175
Scotland
Updated: 09 November 2022; Ref: scu.466328
(Extra Division) The mid-landlord had requested the sub-tenant to execute repairs before the lease expired. The tenant said that the requirement should have been notified formally to create an obligation. The landlord now appealed against a finding that the informal notice was effective.
Held: The appeal succeeded. The reclaiming motion was granted, and the claim dismissed. Absent a written notice before the expiry of the sub-lease, the Council was not obliged under clause 2.5 of the Minute of Agreement to dismantle and remove the works and reinstate the sub-let premises. They also held that Batley had not averred a relevant basis for its alternative claim. They referred to the Council’s submission that Batley had not pleaded that they had given the Council any indication before the expiry of the sub-lease that any work was required under clause 3.12 of the head lease. They concluded that Batley had no sufficient averments of the obligations for which it sought relief.
Lord Clarke, Lord Hardie and Lord Bonomy
[2012] ScotCS CSIH – 83
Outer House – L Batley Pet Products Ltd v North Lanarkshire Council SCS 20-Dec-2011
(Outer House) The pursuers were mid-tenants and the responders their sub-tenants. Before the expiry of the sub-lease, the pursuer reqested re-instatement, but the responder now said that thie notice should have been formal to be effective.
Appeal from – L Batley Pet Products Ltd v North Lanarkshire Council SC 8-May-2014
The appellant was mid-landlord and the respondent the sub-tenant under a now-expired lease. The appellant had wanted repairs to be executed but told the tenant informally. The tenant argued that the lease required formal notice to create an . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.466320
The landlord appealed against an order for the sale of its reversion to the long lessees of the property.
Held: The appeal failed. However it was incumbent on those serving a notice under section 27 to state precisely their objection to the continued management and ownership of the freehold by the landlord.
Geraldine Andrews QC
[2012] EWHC 3315 (Ch), [2013] 7 EG 100, [2013] 1 WLR 1051, [2013] 2 All ER 128, [2013] L and TR 12, [2013] 1 EGLR 40, [2012] WLR(D) 358
England and Wales
Updated: 09 November 2022; Ref: scu.466274
The court has a duty to see whether a tenant is entitled to statutory protection, even if the point is not pleaded or raised by the tenant.
[1947] KB 339
England and Wales
Cited – Ramdass v Bahaw-Nanan PC 14-Dec-2009
(Trinidad and Tobago)The appellant claimed to have taken possession of land adverse to its paper owner, the respondent. The respondent said that the occupation had been by virtue of a tenancy which she had terminated. . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.384115
When offered an undertaking by a party, the court may attach such significance to it as it thinks appropriate.
(1957) EG 753
England and Wales
Cited – Patel and Another v Keles and Another CA 12-Nov-2009
The landlord objected to the renewal of the lease, saying that he intended to occupy the premises for his own business. The court had found that he intended to sell the property.
Held: The landlord’s appeal failed. Parliament has not laid down . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.379554
The landlord leant paintings and photographs to its tenant restaurant. When the restaurant became insolvent, the claimant sought their return. The defendant said that they would be held pending release by the liquidators.
[2007] EWCA Civ 474
England and Wales
Updated: 09 November 2022; Ref: scu.253256
The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant is assessing her medical condition. She now said that the order debarring her from defending the claim was unlawful.
Held: It was clear that the judge had considered the relevant factors when making his decision. The tenant’s appeal failed.
Chadwick LJ, May LJ, Hughes LJ
[2007] EWCA Civ 666
England and Wales
Cited – Tendler v Sproule CA 1947
The tenant appealed against a decision on whether alternatve accommodation offered by the landlord was adequate saying that the judge had not expressly found it to be reasonable.
Held: Morton LJ said that when a judge gives a decision giving . .
Cited – Abrahams v Wilson CA 1971
The tenant had allowed his premises to be used for the supply of Class B drugs over many months. Possession was sought under the provision of the Rent Act 1968.
Held: His appeal against a possession order succeeded.
Widgery LJ said: . .
Cited – McIntyre v ANR and Hardcastle 1948
. .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.254536
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 possession of the premises.
Held: Such a clause was not consistent with a grant of exclusive possession.
Sir Andrew Morritt VC, Buxton, Arden LJJ
[2001] EWCA Civ 1686, [2001] 28 EG 144, [2002] L and TR 24, [2002] 2 P and CR 18, [2002] 1 P and CR DG19
England and Wales
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 – Street v Mountford CA 1985
An occupier who has been granted exclusive possession, may nevertheless be a licensee if, in the agreement: ‘there is mentioned the clear intention of both parties that the rights granted are to be merely those of of a personal right of occupation . .
Cited – Family Housing Association v Jones CA 1990
The association as licensee of a local authority granted what was described as a licence to the defendant to occupy premises on a temporary basis.
Held: The court found that a licence granted to satisfy a housing duty was a tenancy.
Slade . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.201420
Lord Justice Auld Lord Justice Chadwick Lady Justice Arden
[2003] EWCA Civ 1800
England and Wales
Updated: 09 November 2022; Ref: scu.188908
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived elsewhere. He said the note had been intended only to mislead the vandals. When visited, the windows were smashed, and all property removed. The council had the note and assumed a surrender. The council, having secured the flat and told him they had treated it as abandoned, nevertheless continued at first with the right to buy process, but then claimed the lease had been surrendered.
Held: The council’s appeal failed. The facts found did not support the contention that the lease had been surrendered. The note left by the tenant was addressed not to the council, but to the vandals. The landlord’s acts were consistent with good management of its housing stock, and need not be explained only by a surrender. If there has been a relinquishment of possession by the tenant and an acceptance of that relinquishment by the landlord, consistent only with a cesser of the tenancy, in circumstances which render it inequitable for the tenant or the landlord to dispute that the tenancy has ceased, then subsequent acts by one party which suggest that that was not what that party intended, perhaps because he did not appreciate the effect of what he was doing, cannot be relevant.
Pill LJ, Chadwick LJ
[1997] EWCA Civ 2460, (1997) 30 HLR 822
England and Wales
Cited – City of Bradford Metropolitan Council v McMahon and McMahon CA 21-Apr-1993
The right to buy a council house is dependant on the existence of a secure tenancy to which it is incidental, and that right disappears on the death of the tenant because there was no secure tenancy left upon which to base the right: ‘It is a . .
Cited – Tarjomani v Panther Securities Ltd CA 1983
The tenant disputed whether he had surrendered the property in the lease.
Held: The court considered the basis of an implied surrender: ‘In my judgment, it is indeed estoppel that forms the foundation of the doctrine. The doctrine operates . .
Cited – Regina v London Borough Croydon ex parte Toff 1988
The tenant having left the property, the landlord relet them.
Held: The act of the landlord meant it would be inequitable to hold the lease to continue. . .
Cited – Hardy and others v Fowle and Another ChD 26-Oct-2007
Mortgagees claimed possession of the land. The occupiers claimed a right of occupation under a lease. The mortgagees argued that the lease had been surrendered.
Held: The lease had been surrendered by a deed. The defects in notice alleged did . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142858
In regard to options for the purchase of land, time constraints are of the essence. An option is not a contract but an irrevocable offer that matures into a bilateral contract upon due exercise of the option during the option term
Nourse LJ
[1997] EWCA Civ 2419, [1998] 2 EGLR 125
England and Wales
Cited – Lord Ranelagh v Melton 1864
The tenants were given an option in the lease to purchase the freehold: ‘if . . the lessees . . should give three months notice . . and should at the expiration of such notice pay . .’,
Held: Time was of the essence: ‘I apprehend the rule of . .
Cited – Dibbins v Dibbins 1896
A partnership deed provided an option for a surviving partner to purchase a deceased’s partner’s share upon giving notice within three months of the death. The partner who survived was not of sound mind, but his solicitor gave timely notice, later . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142817
Staughton, Henry LJJ
[1997] EWCA Civ 2256, [1997] 2 EGLR 83, [1997] 49 EG 135
England and Wales
Cited – Coventry and Others v Lawrence and Another (No 2) SC 23-Jul-2014
Consequential judgment. Mr Coventry had been found liable in the principle judgment in nuisance to the appellant neighbours. The Court was now asked as to several matters arising. First, to what extent were the defendants’ landlords liable to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142653
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession.
Times 14-Aug-1997, [1997] EWCA Civ 2255
England and Wales
See Also – Bruton v London and Quadrant Housing Trust CA 3-Dec-1996
. .
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: . .
See Also – Bruton v London and Quadrant Housing Trust CA 3-Dec-1996
. .
Appeal from – Bruton v London and Quadrant Housing Trust HL 24-Jun-1999
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act.
Held: The housing association had a temporary licence to . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142652
[1997] EWCA Civ 2138
England and Wales
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.
Updated: 09 November 2022; Ref: scu.142535
A homosexual partner of a deceased tenant was not a member of that tenant’s family so as to entitle him to inherit the Rent Act tenancy on the death of his partner.
Times 31-Jul-1997, [1997] EWCA Civ 2169, [2000] L and TR 44
England and Wales
Appeal from – Fitzpatrick v Sterling Housing Association Ltd HL 28-Oct-1999
Same Sex Paartner to Inherit as Family Member
The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as . .
Cited – Victor Chandler International v Commissioners of Customs and Excise and another CA 8-Mar-2000
A teletext page can be a document for gaming licensing purposes. A bookmaker sought to advertise his services via a teletext page. His services were not licensed in this country, but the advertisements were. It was held that despite the . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142566
There was a tenancy for mixed residential and business purposes and, with the landlord’s permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977.
Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security of tenure under the Rent Act 1977. The authority referred to in Moulson was Epsom Grand Stand Association Ltd. The decision in Pittalis was not to be followed.
Leggatt LJ: ‘[W]e must test the question whether property demised by a superior tenancy constitutes ‘premises’ by asking whether it is a dwelling house within the extended meaning indicated by this court in the Epsom Grandstand case . . and thereafter perpetuated in the cases to which we have referred, albeit reinforced by statute from time to time in the form of the provisos.’
Leggatt LJ
Times 13-Oct-1997, [1997] EWCA Civ 2237, [1998] QB 368, [1998] 1 All ER 657
England and Wales
Cited – Epsom Grand Stand Association Ltd v Clarke CA 1919
Premises on a racecourse were let to the defendants in part as a public house, and to occupy the other part themselves. The court was asked whether this was a letting of ‘a house or a part of a house let as a separate dwelling . . and every such . .
Cited – Maunsell v Olins HL 1975
The House considered whether a sub-tenant could claim protection under the 1968 Act. This depended on the interpretation of the word ‘premises’ in the context of a sub-tenancy of a cottage on a farm let under an agricultural tenancy.
Held: . .
Not Followed – Pittalis v Grant CA 1989
A point was raised for the first time on appeal.
Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where . .
Cited – Pirabakaran v Patel and Another CA 26-May-2006
The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not apply.
Held: The 1977 Act applied. A . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Cited – Tan and Another v Sitkowski CA 1-Feb-2007
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142634
The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property.
Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. ‘The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s ‘right to occupy’ immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been.’
[1997] EWCA Civ 2118, [1998] 1 EGLR 30
Law of Property (Miscellaneous Provisions) Act 1989 2, Housing Act 1988 27 28
England and Wales
Cited – Fenner v Blake 1900
The tenant told the landlord that he wanted to vacate the premises midway during the tenancy. Relying on the oral representation, the landlord sold the premises to a third party. The tenant subsequently refused to vacate the premises and claimed . .
Cited – Elsden v Pick CA 1980
Waiver or estoppel preventing reliance upon terms of lease. The court upheld an agreement between parties to waive the strict requirements of a notice after it had been served, . .
Cited – Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd ChD 1981
The fundamental principle that equity is concerned to prevent unconscionable conduct permeates all the elements of the doctrine of estoppel. In the light of the more recent cases, the principle ‘requires a very much broader approach which is . .
Cited – Wilson v Liverpool Corporation CA 1971
The claimants owned 74 acres of an area of 391 acres in Liverpool which the Corporation wanted to acquire for residential development. The authority acquired the land by agreement and made a compulsory purchase order in respect of the remainder.
Cited – Pittalis v Grant CA 1989
A point was raised for the first time on appeal.
Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where . .
Cited – Melville v Bruton CA 29-Mar-1996
Statutory damages awarded for a wrongful eviction must allow for other the fact that parts of the property were in occupation by others. The comparison required by the Act ‘necessarily involved valuing the unincumbered interest on a factual as . .
Cited – Tagro v Cafanec CA 1991
In a case of unlawful eviction, the only valuation evidence was that produced by the tenant and such evidence was not challenged by the landlord. The grounds of appeal included the contentions that the award of damages was excessive and bore no . .
Cited – Jones and Lee v Miah and Another CA 9-Sep-1992
The landlord should be deemed to have been in possession of the land when calculating damages for unlawful eviction. The measure of damages ‘represents the financial advantage which the landlord has gained . . . and of which it is the purpose of . .
Cited – Yaxley v Gotts and Another CA 24-Jun-1999
Oral Agreement Creating Proprietory Estoppel
The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 November 2022; Ref: scu.142515
A court action begun by the owner’s agent in his own name rather than in the landlord’s name for possession was ineffective. The resulting possession order set aside. He had no locus standi. Only the landlord has that power.
Times 28-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Civ 2137
England and Wales
Updated: 09 November 2022; Ref: scu.79021
No Fault Right To Manage
[2014] EWLVT LON – LV – NFR – 00BE – 0
England and Wales
Updated: 06 November 2022; Ref: scu.534663
Service Charges
[2014] EWLVT CHI – LV – SVC – 00ML – 0
England and Wales
Updated: 06 November 2022; Ref: scu.534706
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs.
Held: The appeal succeeded. There was no obvious pattern in the various service charge provisions to allow the conclusion drawn by the judge, and the amendment would require the tenant to pay for the costs of works which would not be to her benefit: ‘I am quite unable to say that in using the word ‘premises’ rather than ‘house’ the parties have made a clear mistake. Nor do I accept that the clause in its present form is commercially nonsensical. ‘
Laws, Lloyd, Jackson LJJ
[2012] EWCA Civ 1503
Landlord and Tenant Act 1987 35, Leasehold Reform, Housing and Urban Development Act 1993 57
England and Wales
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – East v Pantiles Plant Hire Ltd CA 1981
The court considered the circumstances under which rectification could properly be ordered in respect of a deed. Brightman LJ said: ‘It is clear on the authorities that a mistake in a written instrument can, in certain limited circumstances, be . .
Cited – Billson v Tristem ChD 1999
. .
Cited – KPMG Llp v Network Rail Infrastructure Ltd CA 27-Apr-2007
The parties disputed the interpretation of a break clause in their lease. Carnwath LJ said that courts should not readily accept that parties have made mistakes in formal documents: ‘correction of mistakes by construction’ is not a separate branch . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Cited – City Alliance Ltd v Oxford Forecasting Services Ltd CA 16-Nov-2000
The parties disputed the construction of a clause in the contract between them.
Held: Chadwick LJ said: ‘It is not for party who relies upon the words actually used to establish that those words effect a sensible commercial purpose. It should . .
Cited – Pink Floyd Music Ltd and Another v EMI Records Ltd CA 14-Dec-2010
The defendant appealed against an order made on the claimant’s assertion that there were due to it substantial underpayments of royalties over many years. The issues were as to the construction of licensing agreements particularly in the context of . .
Cited – Rapid Results College Ltd v Angel CA 1986
There is no presumption in construing a lease that the service charge provisions will enable the landlord to recover all of his expenditure. . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 November 2022; Ref: scu.465941
[1837] EngR 188, (1837) 6 Ad and E 690, (1837) 112 ER 266
England and Wales
Updated: 06 November 2022; Ref: scu.313305
[2005] EWCA Civ 1567
England and Wales
Updated: 06 November 2022; Ref: scu.236351
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which could only be moved at great expense.
Held: The judge is to assess the rent upon the basis of the rent at which the premises might reasonably be expected to be let on the open market by a willing lessor. Any ransom value must be ignored. Nor should a rent review be ordered when one did not apply in the earlier lease.
Lord Justice Potter, Lord Justice Brooke
[1997] 2 EGLR 111, [1997] EWCA Civ 1854, (1999) 77 P and CR 168
Landlord and Tenant Act 1954 25
England and Wales
Cited – Charles Clements (London) Ltd v Rank City Wall Chd 1978
When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions . .
Cited – Cardshops Limited v Davies and Another CA 1971
When considering the terms of a new lease to be ordered under the Act, the terms of the current tenancy are not necessarily decisive. There may be other circumstances but it is a guide. The terms of the current tenancy are to be considered first in . .
Cited – Morgan Sindall Plc v Sawston Farms (Cambs) Ltd CA 3-Dec-1998
An option had been given for the purchase of land. The claimant challenged the value assigned on exercising the option. The landowner subsequently disclosed a right of way over the land.
Held: An expert’s valuation cannot be challenged if it . .
Cited – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 November 2022; Ref: scu.142250
When considering whether to consent to an assignment of a lease, a landlord need consider only his own interests.
Roskill, Lawton, Megaw LJ
[1979] EWCA Civ 1, [1979] 3 WLR 14, [1979] QB 593, 250 EG 345, [1979] 2 All ER 657
England and Wales
Approved – 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 . .
Mentioned – 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 – 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 – 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 – 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.
Updated: 06 November 2022; Ref: scu.187994
The respondent sought security for costs. One plaintiff was bankrupt, and an outstanding costs order had not been met.
Held: The matter should not be adjourned pending an application for legal aid, and nor should the considerable interest in the case put the respondent at risk. Security for costs ordered.
[1997] EWCA Civ 1920, [1997] 1 WLR 967, [1997] 2 EGLR 44, [1997] 3 All ER 446, [1997] 37 EG 161, [1997] 37 EG 161, [1997] EG 29
Landlord and Tenant Act 1987 5
England and Wales
See Also – Michaels and Michaels v Taylor Woodrow Developments Ltd, etc ChD 19-Apr-2000
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell.
Held: The . .
See Also – Michaels and Michaels v Taylor Woodrow Developments Ltd, etc ChD 19-Apr-2000
The respondents sought to strike out the claim for conspiracy and failure to comply with the Act. The respondent was landlord of premises occupied by the claimants. They had served a notice under the Act of their intention to sell.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 November 2022; Ref: scu.142316
[1997] EWCA Civ 1426
Landlord and Tenant Act 1954 Part II
England and Wales
Updated: 06 November 2022; Ref: scu.141822
The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of farming the holding through a partnership. The individual partners were related and held most of the shares in the tenant company.
Held: There was no breach of the covenant since, among other things, the partnership activities were carried out as agent for the tenant company.
[1997] EWCA Civ 1281, [1997] EGLR 1, (1997) 74 P and CR 408, [1997] EG 40
Agricultural Holdings (Arbitration on Notice) Order 1987
England and Wales
Cited – Clear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn 14-Oct-2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . .
Lists of cited by and citing cases may be incomplete.
Updated: 06 November 2022; Ref: scu.141677
No Fault Right To Manage
[2007] EWLVT CAM – LV – NFR – 00MC – 0
England and Wales
Updated: 06 November 2022; Ref: scu.437939
No Fault Right To Manage
[2007] EWLVT CAM – LV – NFR – 00MC – 0
England and Wales
Updated: 06 November 2022; Ref: scu.437938
Forfeiture
[2007] EWLVT BIR – LV – FFT – 00CN – 0
England and Wales
Updated: 06 November 2022; Ref: scu.437891
Flats – Enfranchisement and New Leases
[2007] EWLVT LON – LV – NFE – 00AC – 0
England and Wales
Updated: 06 November 2022; Ref: scu.437899
‘Car repairs’ includes re-spraying – Landlord was liable for negligent misstatement on use.
Times 22-Apr-1997, [1997] EWCA Civ 1284
England and Wales
Updated: 05 November 2022; Ref: scu.78577
Leasehold Enfranchisement and Extension – Flats – Collective Enfranchisement
[2019] UKFTT RP – ON – 00BK –
England and Wales
Updated: 05 November 2022; Ref: scu.644560
Service Charges
[2015] EWLVT MAN – LV – SVC – 30UP – 0
England and Wales
Updated: 05 November 2022; Ref: scu.548475
Leasehold Enfranchisement and Extension – Flats – Lease Extension
[2019] UKFTT RP – ON – 00AK –
England and Wales
Updated: 05 November 2022; Ref: scu.644555
Service Charges
[2014] EWLVT CHI – LV – SVC – 21UC – 0
England and Wales
Updated: 05 November 2022; Ref: scu.534692
Service Charges
[2014] EWLVT BIR – LV – SVC – 00CS – 0
England and Wales
Updated: 05 November 2022; Ref: scu.540756
Mummery, Etherton LJJ, Sir Stephen Sedley
[2012] EWCA Civ 1368
England and Wales
Updated: 05 November 2022; Ref: scu.465115
[2012] EWHC 2886 (Ch)
England and Wales
Updated: 05 November 2022; Ref: scu.465093
UTLC LANDLORD AND TENANT – service charges – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1927 s27A – appeal allowed
[2012] UKUT 323 (LC)
Landlord and Tenant Act 1927 27A
England and Wales
Updated: 05 November 2022; Ref: scu.464777
UTLC LANDLORD AND TENANT – right to manage – landlord’s costs – whether lawful for company providing services to landlord to charge for work done by in-house solicitor – held that it was – appeal allowed – Commonhold and Leasehold Reform Act 2002 s 88
[2012] UKUT 311 (LC)
Commonhold and Leasehold Reform Act 2002 88
England and Wales
Updated: 05 November 2022; Ref: scu.464779
UTLC LEASEHOLD ENFRANCHISEMENT – ground rent – rent review – section 78 Housing Act 1980
[2012] UKUT 310 (LC)
England and Wales
Updated: 05 November 2022; Ref: scu.464780
UTLC LANDLORD AND TENANT – administration charges – charges for consent to underletting – whether precluded if no provision for it in lease – held that it was not – reasonableness – jurisdiction to determine issues not raised by the application – held there was none – Landlord and Tenant Act 1925 s144 – Landlord and Tenant Act 1927 s19(1)(a) – paragraphs 1 and 5 of Schedule 11 to the Commonhold and Leasehold Reform Act 2002 – Landlord and Tenant Act 1988 s1(5) – appeal allowed
Judge Gerald
[2012] UKUT 321 (LC)
Landlord and Tenant Act 1988 1(5), Landlord and Tenant Act 1925 144, Landlord and Tenant Act 1927 19(1)(a)
England and Wales
Cited – Country Trade Ltd v Noakes and Others UTLC 7-Oct-2011
UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s19 – reasonableness of service charge – evidence required to support LVT findings . .
Cited – Holding and Management (Solitaire) Ltd v Norton UTLC 5-Jan-2012
UTLC LANDLORD AND TENANT – administration charges – charge for consent to underletting – whether precluded by statute – held that it was not – whether precluded if no provision for it in lease – held that it was . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.464778
Claims by tenants of stalls, shops and offices at Smithfield Market in London for new business tenancies to be granted at rents and on terms to be determined by the Court under Part II of the Landlord and Tenant Act 1954.
Sales J
[2012] EWHC 2527 (Ch)
England and Wales
Updated: 05 November 2022; Ref: scu.464604
(Ceylon) The coheir in possession cannot render his possession adverse to the other co-heir not in possession merely by any secret hostile animus on his own part in derogation of the other co-heir’s title.
Tenants in common cannot assert a possessory title against one another. Their possession is attributable to the title which they hold.
(Ceylon)
[1912] AC 230, [1911] UKPC 75
England and Wales
Approved – Thomas v Thomas 1835
A unity of possession of the land in and of the land in qua an easement exists, does not extinguish but only suspends the easement, where the party is seised in fee of the one parcel , and possessed for the residue of a term of the other. – Where a . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.420947
A purchaser of the freehold reversion on a lease who prior to registration of his title served a notice to quit on the tenant, on which the tenant acted, was estopped from denying that the notice was valid on the ground of his lack of title when it was given.
[1933] 1 CH 480
England and Wales
Cited – Rother District Investments Limited v Corke, Orr, Richards ChD 20-Jan-2004
The court was asked as to the legal effect of a purported peaceable re-entry and forfeiture of a lease by a purchaser of the reversion prior to registration of the purchaser as proprietor at HM Land Registry.
Held: The appeal was denied. What . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.211372
The court was asked as to the legal effect of a purported peaceable re-entry and forfeiture of a lease by a purchaser of the reversion prior to registration of the purchaser as proprietor at HM Land Registry.
Held: The appeal was denied. What had been ‘a forfeiture by estoppel’ between Rother and the Defendants was ‘fed’ and became a full legal forfeiture valid as against the world.
Lightman J
[2004] EWHC 14 (Ch)
England and Wales
Mentioned – Thomas v Thomas 1835
A unity of possession of the land in and of the land in qua an easement exists, does not extinguish but only suspends the easement, where the party is seised in fee of the one parcel , and possessed for the residue of a term of the other. – Where a . .
Cited – G S Fashions Ltd v B and Q Plc ChD 26-Oct-1994
The landlord’s forfeiture of a lease, having once been accepted by the tenant, the landlord could not then withdraw the forfeiture against the tenant’s wishes. He had raised an estoppel precluding him from denying that he had forfeited the lease. . .
Cited – Farrow v Orttewell CA 1933
A purchaser of the freehold reversion on a lease who prior to registration of his title served a notice to quit on the tenant, on which the tenant acted, was estopped from denying that the notice was valid on the ground of his lack of title when it . .
Cited – In the Goods of McLean 1950
The presumption of regularity raises a probability that a will has been duly attested. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.192046
[1997] EWCA Civ 1003
England and Wales
Updated: 05 November 2022; Ref: scu.141399
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously been operate as a guest house, and the landlord’s contended that the intended use was for business purposes. The tenants claimed that the judge should have allowed a set off of the costs of repairs undertaken by the tenants against the arrears of rent.
Held: The contract itself made the letting a residential one, and the form of contract was determinative. The letting was an assured tenancy. The notice was defective, but the clerical error was obvious and did not detract in any way from the effect of the notice. It did not mean that it was not substantially to the same effect as that in the prescribed form. The repairs were of items for which no notice of want of repair had been put to the landlords. There was no proper claim against him.
Lord Justice Auld, Mr Justice Morland
[1997] EWCA Civ 1029, [1997] 30 HLR
Housing Act 1988, Landlord and Tenant Act 1985
England and Wales
Cited – Wolfe v Hogan CA 1949
An issue arose as to the purpose of the original letting. The defendant was the sub-tenant of a large divided room on the ground floor of a house in Chelsea which she used for business purposes. She eventually decided to live there as well.
Cited – Russell v Booker CA 1982
The leased premises consisted of a dwelling house and agricultural land which had constituted an agricultural holding. The tenant alleged that the original agreement had been superceded by a subsequent contract which had the effect of moving the . .
Cited – Panayi and Pyrkos v Roberts CA 1993
A shorthold tenancy notice was issued before the tenancy began, but it gave the wrong date for termination.
Held: The prescribed form required the correct termination date. A notice with a wrong date is not substantially the same as one with a . .
Cited – Morrow v Nadeem 1981
In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and director of landlord company, rather than the landlord company itself.
Held: The landlord’s notice was . .
Cited – Morris v Liverpool City Council CA 1988
The court was concerned with the implied statutory obligations of repair on the landlord: ‘It is common ground that the door and frame of the flat were part of the structure and exterior of the flat within the meaning of the implied statutory . .
Cited – Lee-Parker v Izzett (1) ChD 1971
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence of set-off at law to a claim for unpaid rent. Justice Goff discussed the . .
Cited – Ravenseft Properties Ltd v Hall; White v Chubb; similar CA 19-Dec-2001
Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors.
Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the . .
Cited – Clickex Ltd v McCann CA 26-May-1999
A failure by a landlord under the pre-1996 assured shorthold tenancy regime, to insert the correct tenancy dates in a shorthold notice, meant that the tenancy became an assured tenancy, since the arrangement failed to meet the requirements to create . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.141425
The end of a partnership did not break a former partner’s obligation to the other partners on a lease held for the partnership.
Times 20-Mar-1997, [1997] EWCA Civ 916
England and Wales
Appeal From – Hurst v Bryk and others HL 30-Mar-2000
Where other partners committed a fundamental breach of their duties as partners, that did not release the innocent partner from existing obligations of the partnership, nor from the debts of the partnership on dissolution or even accruing after . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 November 2022; Ref: scu.141312
The applicant appealed an order for the removal of a land charge. As tenant of a flat, he had fallen into dispute with the management company. Proceedings were under way for the lease to be forfeited, and in the meantime his lender obtained a possession order. He intended to claim damages for failure to repair, and he registered a land charge to protect that impending action. The landlord was now in liquidation.
Held: The use of the land charge was wholly inappropriate. The landlord being in liquidation, no charging order would now be possible. He was an unsecured creditor and this claim must proceed by way of proof in the liquidation. The charging order procedure is not available to a party who has not yet established his claim. Leave to appeal was refused.
Lord Justice Mccowan, Lord Justice Millett
[1997] EWCA Civ 835
England and Wales
Updated: 05 November 2022; Ref: scu.141231
Possession proceedings were properly suspended pending a decision in matrimonial proceedings on the assignment of the tenancy.
Gazette 27-Feb-1997
England and Wales
Updated: 05 November 2022; Ref: scu.84278
Flats – Enfranchisement and New Leases
[2014] EWLVT CHI – LV – NFE – 24UP – 0
England and Wales
Updated: 05 November 2022; Ref: scu.540735
Appointment of Manager
[2015] EWLVT MAN – LV – AOM – 00BY – 0
England and Wales
Updated: 05 November 2022; Ref: scu.548473
Richard Seymour QC
[2012] EWHC 1600 (QB)
Updated: 04 November 2022; Ref: scu.463850
[2012] EWCA Civ 1174
Leasehold Reform, Housing and Urban Development Act 1993
England and Wales
Updated: 04 November 2022; Ref: scu.463817
LEASEHOLD ENFRANCHISEMENT – flat – premium – deferment rate – whether Sportelli starting point to be adjusted to reflect different growth rates in Horsham and Prime Central London and increased management burden with flats – whether any adjustment for flats affected by presence of head lease – deferment rate reduced from 6% to 5.5%.
[2012] UKUT 227 (LC)
England and Wales
Updated: 04 November 2022; Ref: scu.463428
The Court considered whether it had jurisdiction to grant permission to appeal against a decision of the President of the Upper Tribunal (Lands Chamber) refusing permission to appeal to the UT against a decision of the Leasehold Valuation Tribunal. Section 175 of the 2002 Act provided that a party to proceedings before a LVT may appeal to the UT from a decision of the valuation tribunal, but only with the permission of the valuation tribunal or the UT.
Held: A decision by the UT to refuse permission to appeal under section 175(2) of the 2002 Act was not listed as one of the excluded decisions under section 13(8) of the 2007 Act.
Sullivan LJ said: ‘In my judgment, it is plain from the Sinclair Gardens Investments case ([2004] EWHC 1910 (Admin)) that there was no right of appeal against a refusal by the Lands Tribunal of permission to appeal against an LVT’s decision. Applying the Lane v Esdaile principle, the Lands Tribunal’s decision to refuse permission to appeal was not a ‘decision’ for the purposes of Section 3(4) of the Lands Tribunal Act 1949, which then conferred a right of appeal to the Court of Appeal against the Lands Tribunal’s decisions.
That position is not affected by the fact that the Lands Tribunal is now the Upper Tribunal (Lands Chamber) and the right of appeal against the decision of the Upper Tribunal is now conferred by Section 13(1) of the 2007 Act. It is understandable that the draftsman of the 2007 Act should have wished to make it clear beyond any doubt in a comprehensive statutory scheme dealing with appeals from the First-tier Tribunal to the Upper Tribunal that the Lane v Esdaile principle applies to refusals of permission to appeal under Section 11(4)(b). In effect what the applicant is seeking to do is to convert an express exclusion of a right to appeal against refusals of permission to appeal in Section 11 cases into an express provision of a new right of appeal against refusals of permission to appeal in Section 175 cases, thereby effectively overturning the decision in Sinclair Gardens Investments. In my judgment such an intention is not to be imputed to the draftsman of Section 13 of the 2007 Act. I accept the respondent’s submission that it was unnecessary to include a decision to refuse permission to appeal under Section 175(2) in the list of excluded decisions under Section 13(8) of the 2007 Act because the position, so far as appeals from the LVT to the Lands Tribunal was concerned, was governed by clear authority in the form of Sinclair Gardens, which had made it quite clear that there was no right of appeal against such decisions.’
Sullivan, Lloyd LJJ
[2012] EWCA Civ 1024
Commonhold and Leasehold Reform Act 2002 175, The Tribunals, Courts and Enforcement Act 2007 11 13
England and Wales
At LVT – 19-22 Onslow Gardens – Kensington and Chelsea : London (Flats – Enfranchisement and New Leases) LVT 23-Sep-2011
Flats – Enfranchisement and New Leases . .
Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005
The claimant appealed against a refusal of judicial review of a decision of the Lands Tribunal.
Held: A decision of the Lands Tribunal could only be judicially reviewed in exceptional cases where there was either a jurisdictional error or a . .
Cited – Sarfraz v Disclosure and Barring Service CA 22-May-2015
The claimant appealed against the refusal of the defendant to remove his name from the list of those barred from working with children. He had been a GP. Though not priosecuted for any criminal offence the Professional Conduct Committee had found . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.463278
[2004] EWLVT 470
England and Wales
Updated: 04 November 2022; Ref: scu.439243
Appeal against new rent fixed by court on renewal under the 1954 Act.
Held: The judge had erred by not considering the passing rent agreed between the parties pending determination by the court, and has also disregarded the rent of the adjoining property. The matter was remitted.
Mummery LJ, Keene LJ, Jacob LJ
[2007] EWCA Civ 480
Landlord and Tenant Act 1954 34(1)
England and Wales
Cited – CE and KM Bowra (T/a Albion Properties) v Dwight Barker 20-May-1998
A passing rent agreed between the parties on the renewal of a lease is some guidance, but not conclusive as to the rent which should be fixed by the court. . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.252462
The tenant appealed refusal of relief against forfeiture.
May LJ, Arden LJ, Scott Baker LJ
[2007] EWCA Civ 638
England and Wales
Appeal from – Eastaugh v Crisp and others ChD 12-Jul-2006
. .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.254351
Application for leave to appeal. The parties occupied adjoining premises under leases. The defendant sought to appeal an oder that he remove a refrigeration plant erected behind his premises, but on the roof of the other premises.
Held: There was no ambiguity as to the boundaries. The roof area was not let to the occupier of the first floor premises. Leave refused.
Lord Justice Waite Lord Justice Schiemann
[1996] EWCA Civ 1218
England and Wales
Cited – Wigginton and Milner Ltd v Winster Engineering Ltd CA 7-Dec-1977
Various conveyances had dealt with land. By mistake, certain land was excluded from the plans.
Held: The plan had been included ‘for identification purposes only’, but that did not mean that the plan was to be disregarded. It could not . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.195621
Relief from forefiture – non-payment of rent – failure of claim for damages after grant of relief.
[1997] EWCA Civ 801
England and Wales
Updated: 04 November 2022; Ref: scu.141197
[1997] 1 EGLR 104, [1997] EWCA Civ 806
England and Wales
See Also – Ashworth Frazer Ltd v Gloucester City Council ChD 1-Apr-1999
It might be correct for a landlord to refuse consent to assignment where its objection to the proposed user was that it was generally undesirable, and there need be shown no necessary implication that the use would not be allowed by the lease. . .
See Also – 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 . .
See Also – 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 November 2022; Ref: scu.141202
A defect in the Landlord’s notice to quit was cured by the Tenant’s acceptance of the notice and her non-objection.
Times 12-Feb-1997, [1996] EWCA Civ 1192
England and Wales
Updated: 04 November 2022; Ref: scu.141060
Misbehaviour of a tenant in the immediate neighbourhood of tenanted property could be a nuisance in respect to that tenancy.
Times 03-Jan-1997, Gazette 11-Mar-1998, [1997] EWCA Civ 821
Housing Act 1985 Sch 2 Ground 2
England and Wales
Updated: 04 November 2022; Ref: scu.84352
Financial Penalty
[2018] UKFTT RP – LON – HNA –
England and Wales
Updated: 04 November 2022; Ref: scu.622718
[2013] UKFTT RP – LON – OOAK –
England and Wales
Updated: 03 November 2022; Ref: scu.622791
Service Charges
[2014] EWLVT LON – LV – SVC – 00AL – 0
England and Wales
Updated: 03 November 2022; Ref: scu.534947
LANDLORD AND TENANT – service charges – interpretation of lease – legal costs and expenses properly part of charge – section 20C – LVT’s exercise of discretion to disallow part of costs – reliance on ‘repeated over-budgeting’ – challenge succeeds
[2011] UKUT 488(LC)
England and Wales
Updated: 03 November 2022; Ref: scu.462573
UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – common parts – valuation – parking as a potential incidental to vehicular rights of way – right to stop and load as a potential incidental to vehicular rights of way – valuation taking account of this – appeal dismissed – Leasehold Reform, Housing and Urban Development Act 1993 s 1(3), Sched 6
[2012] UKUT 186 (LC)
Leasehold Reform, Housing and Urban Development Act 1993 1(3)
England and Wales
Updated: 03 November 2022; Ref: scu.462562
UTLC LEASEHOLD ENFRANCHISEMENT – enfranchisement of house – missing landlord and missing 400 year lease – appropriate sum under section 27(5) Leasehold Reform Act 1967 – whether property landlocked – whether new right of way had arisen over separate freehold property owned by the enfranchising tenants.
[2012] UKUT 226 (LC)
England and Wales
Updated: 03 November 2022; Ref: scu.462569
[2002] EWLVT 195
England and Wales
Updated: 03 November 2022; Ref: scu.439453
[2009] EWHC 1602 (Ch), [2010] L and TR 5, [2010] 1 P and CR 11
England and Wales
Updated: 03 November 2022; Ref: scu.424103
LT LANDLORD AND TENANT – service charges – landlord’s covenants to maintain exterior of window frames of flat and to maintain exterior of block in which flat contained – whether landlord’s obligation to maintain windows in exterior of block other than those of flat – held yes so that cost of replacing windows could be included in service charge – appeal dismissed.
[2008] EWLands LRX – 150 – 2007
England and Wales
Updated: 03 November 2022; Ref: scu.278630
[1996] EWCA Civ 1080
England and Wales
See Also – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. . .
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: . .
See Also – Bruton v London and Quadrant Housing Trust CA 31-Jul-1997
A person with no sufficient title to land cannot create a tenancy of the land which would be binding by an estoppel if that tenancy would exclude his own possible claim for possession. . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.140947
The Court warned against extending the ‘magic’ of the ‘subject to contract’ label into the realm of unilateral licences. The question was whether a landlord had granted licence to the tenant to carry out alterations. The letter relied on as constituting the licence was headed ‘subject to licence’ and the text of the letter gave consent subject to various conditions, including entry into a formal licence.
Held: A licence had been granted. The purpose of the suspensory condition ‘subject to contract’ in the context of negotiations is to avoid the other side seeking prematurely to conclude a contract by the acceptance of an offer so as to give rise to unintended legal consequences. In cases requiring a unilateral act the only question is whether that act has occurred.
Morritt LJ said: ‘I do not accept that it is legitimate to extend the principle . . from the field of bilateral negotiations to that of a unilateral act . . In cases requiring a unilateral act the only question is whether that act occurred . . In truth the heading ‘subject to licence’ added little to the condition expressed in the body of the letter and could not qualify the unambiguous expression of consent it contained. If it be necessary to attribute some meaning to the heading then it might serve to emphasise the degree of formality required so that the express condition for a formal licence should not be satisfied in correspondence or by some less formal method than a licence strictly so-called. But no such document was required by the terms of the leases . . ‘
and ‘The purpose of the suspensory condition ‘subject to contract’ in the context of negotiations is to avoid the other side seeking prematurely to conclude a contract by the acceptance of an offer so as to give rise to unintended legal consequences. In cases requiring a unilateral act the only question is whether that act has occurred. So in this case the only question is whether the letter of May 18th, 1993 was a consent as required by the lease. That is a question of the construction of the letter in the light of all of the surrounding circumstances. So regarded I have no doubt that the letter does express the consent required by the leases. It will be remembered that such consent may be temporary or revocable or qualified. This letter expresses consent in the clearest terms. The consent was qualified by the stipulation for a formal licence as stated in the body of the letter. For that document it would be necessary to have the drawing numbers referred to in the concluding passage. In truth the heading ‘Subject to Licence’ added little to the condition expressed in the body of the letter and could not qualify the unambiguous expression of consent it contained. If it be necessary to attribute some meaning to the heading then it might serve to emphasise the degree of formality required so that the express condition for a formal licence should not be satisfied in correspondence or by some less formal method than licence strictly so called. But no such document was required by the terms of the leases.’
Morritt LJ, Sir John Balcombe and Beldam LJ
[1996] EWCA Civ 933, [1997] 1 EGLR 37, (1997) 74 P and CR 377
England and Wales
Cited – Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records) ChD 23-May-2003
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment.
Held: It is standard practice in the music licensing business for a . .
Cited – Aubergine Enterprises Limited v Lakewood International Limited CA 26-Feb-2002
A sought confirmation that it had successfully rescinded a contract for the purchase of a leasehold property from L. Either party was to be able to rescind, if consent to the assignment had not obtained before three days before completion. There . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.140800
The tenant was no longer in occupation of the demised premises when he served a s27 notice.
Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation was required for a tenancy to continue under s24(1). S 27(2) was looking to the point in time when the notice took effect. At that point in time the tenancy had to be one which was ‘continuing by virtue of section 24 of the Act’ S24(1) applies only to tenancies ‘to which Part II of the 1954 Act applies’.
Morritt LJ, Sir John May, Stuar-Smith LJ
Gazette 27-Nov-1996, Times 14-Nov-1996, [1996] EWCA Civ 911, [1997] 02 EG 124, [1997] 1 WLR 891
Landlord and Tenant Act 1954 27
England and Wales
Cited – Cheryl Investments v Saldanha CA 1978
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business.
Held: The Act will apply so long as the business activity is a significant purpose of . .
per incuriam – Longacre Securities Ltd v Electro Acoustic Industries Ltd CA 1990
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the . .
Cited – Cornish v Brook Green Laundry Ltd CA 1959
. .
Cited – I and H Caplan Limited v Caplan No. 2 ChD 1963
For some months whilst the tenants’ right to a new tenancy was being litigated they had ceased trading and had vacated the premises. They then succeeded before the Court of Appeal and started trading from the premises afresh. Their protection under . .
Cited – Green v Bowes-Lyon HL 1963
Mrs Green had a tenancy of the ground floor and basement expiring on 1st April 1959. She occupied the basement for her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for the purposes of her business, for a term due . .
Cited – Green v Bowes-Lyon CA 1961
Mrs Green had a tenancy of the ground floor and basement of the property in question expiring on 1st April 1959. She occupied the basement for the purposes of her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for . .
Cited – Hancock and Willis v GMS Syndicate Limited CA 1983
The solicitor tenants moved to larger premises and for six months licensed the subject premises to others save for the wine cellar and save that they reserved to themselves the right to use the dining area twice a month.
Held: The thread of . .
Cited – Morrison’s Holdings Limited v Manders Limited CA 1976
The tenants had to cease trading after a fire next door. They asked the landlords to reinstate and said they wished then to resume trading. Following the landlord’s demolition and reconstruction of the premises the tenants sought a new tenancy.
Applied – Surrey County Council v Single Horse Properties Ltd CA 26-Mar-2002
The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for . .
Cited – Desnousse v London Borough of Newham and others CA 17-May-2006
The occupier had been granted a temporary licence by the authority under the homelessness provisions whilst it made its assessment. The assessment concluded that she had become homeless intentionally, and therefore terminated the licence and set out . .
Lists of cited by and citing cases may be incomplete.
Updated: 03 November 2022; Ref: scu.140778
Notice to quit was not serveable at last known address of the defendant without specific power.
Times 12-Dec-1996, [1996] EWCA Civ 1048
England and Wales
Updated: 03 November 2022; Ref: scu.80329
No damages were to be awarded for a tenant’s injury suffered whilst climbing the stairs when the lift had not been repaired.
Times 18-Dec-1996, [1996] EWCA Civ 1001
England and Wales
Updated: 03 November 2022; Ref: scu.78369
Lord Justice Lewison
[2020] EWCA Civ 371
Leasehold Reform, Housing and Urban Development Act 1993
England and Wales
Updated: 03 November 2022; Ref: scu.648855