Category: Landlord and Tenant

Liverpool Quays Management Ltd v Moscardini: UTLC 25 Jul 2012

LANDLORD AND TENANT – service charges – security services – whether costs reasonable – held that they were – service charge collection fees – whether properly included in service charge and whether reasonable – held that they were – legal fees for proceedings by lessees against third party – whether properly included in service charge – held they were not – appeal allowed in part

Citations:

[2012] UKUT 244 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 May 2022; Ref: scu.463432

Midland Freeholds Ltd, Re Appeal Against A Decision of A Leasehold Valution Tribunal: UTLC 21 Aug 2012

LEASEHOLD ENFRANCHISEMENT – maisonette – premium – relativity – LVT granting permission to appeal on grounds that it failed to take proper account of LEASE graph of relativities – appeal allowed

Citations:

[2012] UKUT 296 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 May 2022; Ref: scu.464772

London Borough of Southwark v Leaseholders of The London Borough of Southwark: UTLC 19 Dec 2011

UTLC LANDLORD AND TENANT – service charges – qualifying long term agreements – consultation requirements – dispensation – whether notices of proposal complied with consultation requirements – held that they did – no need for dispensation – appeal dismissed – Service Charges (Consultation Requirements) (England) Regulations 2003 Sch 2 para 4

Citations:

[2011] UKUT 438 (LC)

Links:

Bailii

Statutes:

Service Charges (Consultation Requirements) (England) Regulations 2003

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 May 2022; Ref: scu.462571

Levitt and Another v London Borough of Camden: UTLC 21 Sep 2011

LANDLORD AND TENANT – service charges – communal heating system – renewal of equipment in tenants’ flats – whether cost of replacement falls within landlord’s responsibility – whether cost properly included in service charge – construction of leases – method of calculating service charge – reasonableness of service charge – Landlord and Tenant Act 1985 s19 – appeal dismissed

Citations:

[2011] UKUT 366 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 23 May 2022; Ref: scu.445688

Peverel Om Ltd Mackenzie and Others: UTLC 12 May 2010

LANDLORD AND TENANT – service charges – whether cost of roof works not reasonably incurred because management company owed a duty to recover the cost from builder/landlord who let the premises – no duty of care arose – Landlord and Tenant Act 1985 ss. 19 and 20C.

Citations:

[2010] UKUT 137 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.416748

Inglands, Lower Icknield Way, Buckland, Aylesbury, Bucks, Re: UTLC 15 Jul 2009

UTLC LEASEHOLD ENFRANCHISEMENT – leasehold land adjacent to, and now incorporating, part of an extension to the appellant’s freehold home – value of landlord’s reversion after 50 year extension – marriage value – Leasehold Reform Act 1967 section (9)(1) – price determined at andpound;14,000

Citations:

[2009]UKUT 130 (LC)

Links:

Bailii

Statutes:

Leasehold Reform Act 1967 9(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.373414

Gray v Bompas: 1862

Citations:

(1862) 11 CB(NS) 520

Jurisdiction:

England and Wales

Cited by:

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

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.200444

PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants): ChD 8 Aug 2003

The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express provision.
Held: The express preservation of the sub-lease allowed the sub-lease to continue. As to whether an estoppel would bind a successor: ‘If that is correct, then it appears to support the conclusion that a subtenant is also bound, at least provided his subtenancy does not predate the coming into being of the convention. In my judgment, an estoppel, and therefore a convention, which unambiguously relates to the relationship of landlord and tenant, and can only fairly work if it extends to the tenant, will generally do so, particularly if the subtenant had notice of it. In the present case, the convention is very much tied to the landlord and tenant relationship and relates directly to the underleases.’ If the premises comprised in a subletting are occupied by the subtenant for the purposes of a business carried on by it, it would have the protection of Part II of the Landlord and Tenant Act 1954 and could therefore only be removed by following the procedures under that Act.

Judges:

Mr Justice Neuberger

Citations:

Gazette 09-Oct-2003, [2004] Ch 142, [2003] EWHC 1994 (Ch)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Citing:

Applied – Pennell v Payne CA 1995
The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies. . .
Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Cited – Webb v Russell 1789
The extinguishment of a tenancy by surrender extinguishes also the reversion to any sub-tenancy, so that the remedy for the rent and the covenants attached to the reversion cease with the reversion to which they were annexed. The sub-tenant held the . .
Cited – Re Stirrup’s Contract 1961
The parties disputed whether good title had been shown when an assent under seal had been used where a conveyance ordinarily should have been used.
Held: Good title had been shown. Though the law is concerned with substance rather than form, . .
Considered – 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 by:

Cited – Ernst Kastner v Marc Jason, Davis Sherman, Brigitte Sherman CA 2-Dec-2004
The parties had agreed that their dispute should be resolved before the Jewish Beth Din according to Jewish substantive and procedural law. K was granted an interim freezing order. The defendant sold the asset, and K sought to assert a charge.
Cited – Legal and General Assurance Society Ltd v Expeditors International (Uk) Ltd CA 24-Jan-2007
Leases contained break clauses which the tenant purported to exercise. The landlord replied that they were ineffective because the tenant had not complied with his repair covenants. The dispute appeared settled after negotiations, and the settlement . .
Cited – Smith v Skanska Construction Services Ltd QBD 29-Jul-2008
The court considered whether the driver of a vehicle involved in a fatal road accident in Thailand was driving within the authority of the UK employers. The driver was not an employee but had authority to use company vehicles for tasks for the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.190568

Doe d Beadon v Pyke: 1816

it was argued that a surrender of a lease would annihilate all interests derived under the lease.
Held: The argument failed. It was ‘clear law, that though a surrender operates between the parties as an extinguishment of the interest which is surrendered, it does not so operate as to third persons, who at the time of the surrender had rights, which such extinguishment would destroy, and that as to them, the surrender operates only as a grant, subject to their rights, and the interest surrendered still has, for the preservation of their right, continuance.’

Judges:

Lord Ellenborough C.J

Citations:

(1816) 5 M and S 146, [1816] EngR 53, (1816) 105 ER 1005

Links:

Commonlii

Jurisdiction:

England and Wales

Cited by:

Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.190572

Baron Sherwood v Moody: 1952

A head landlord can even by his own unilateral act in serving notice to quit on the head tenant bring a sub-tenancy to an end if the head tenant fails to serve a counter-notice under the Agricultural Holdings Acts.

Citations:

[1952] 1 All ER 389

Jurisdiction:

England and Wales

Cited by:

Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.190570

Webb v Russell: 1789

The extinguishment of a tenancy by surrender extinguishes also the reversion to any sub-tenancy, so that the remedy for the rent and the covenants attached to the reversion cease with the reversion to which they were annexed. The sub-tenant held the property as tenant of the head landlord for the residue of the term of the extinguished tenancy but without privity of estate and accordingly without any obligation to pay the rent or perform the tenant’s covenants.

Citations:

(1789) 3 TR 393

Jurisdiction:

England and Wales

Cited by:

Cited – PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants) ChD 8-Aug-2003
The parties, head lessor and sub-lessess, had assumed that following Brown -v- Wilson the sub-lease would continue upon the determination of the head lease, and had overlooked Pennell which overruled Brown v Wilson. However the lease made express . .
Cited – Barrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 22 May 2022; Ref: scu.190569

Buttercup Buildings Ltd v Avon Estates (London) Ltd and Others: UTLC 10 Dec 2020

LANDLORD AND TENANT – FTT PROCEDURE – whether applicant entitled to appoint a lay representative to conduct tribunal proceedings on its behalf – whether ‘conduct of litigation’ before the FTT a reserved legal activity – whether lay representative an exempt person – s.22, Tribunals, Courts and Enforcement Act 2007 – ss. 13, 14, 18 Legal Services Act 2007 – rule 14, Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 – appeal allowed

Citations:

[2020] UKUT 347 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant, Litigation Practice

Updated: 22 May 2022; Ref: scu.656818

Dewan v The Fife Council: SCS 22 Jan 2019

The pursuer had let land to a company to a waste management. The defenders were responsible for licensing their activities. The land was mismanaged, and the pursuer now sought damages from the Council as to the cost of remediation of the land.

Citations:

[2019] ScotCS CSOH – 5

Links:

Bailii

Statutes:

The Waste Management
Licensing (Scotland) Regulations 2011

Jurisdiction:

Scotland

Landlord and Tenant, Environment

Updated: 21 May 2022; Ref: scu.634474