Category: Landlord and Tenant

Firle Investments Ltd v Datapoint International Ltd: CA 25 Jun 2001

Citations:

[2001] EWCA Civ 1106, [2001] NPC 106, [2001] CP Rep 101

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal From – Firle Investments Ltd v Datapoint International Ltd TCC 8-May-2000
The landlord sought damages for the breach by the tenant of his covenant to repair, and claimed inter alia the estimated costs of repair as set out in a schedule of dilapidations. The tenant claimed there was no damage because the real value of the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 31 October 2022; Ref: scu.201127

B Osborn and Co Ltd v Dior and others: CA 22 Jan 2003

Notices were given which were incorrect.
Held: The notices were upheld despite the errors.

Judges:

Arden LJ Simon Brown LJ

Citations:

[2003] EWCA Civ 281, [2003] HLR 45

Links:

Bailii

Statutes:

Housing Act 1988 20, Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988

Jurisdiction:

England and Wales

Citing:

Cited – Mannai Investment Co Ltd v Eagle Star Assurance HL 21-May-1997
Minor Irregularity in Break Notice Not Fatal
Leases contained clauses allowing the tenant to break the lease by serving not less than six months notice to expire on the third anniversary of the commencement date of the term of the lease. The tenant gave notice to determine the leases on 12th . .
Applied – 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 by:

Cited – Lay and others v Ackerman and Another CA 4-Mar-2004
Notices had been served by tenants under the Acts. The properties were on a large estate where the freeholds had been divided and assigned to different bodies, and there were inconsistencies in identifying the landlords. The landlords served a . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 31 October 2022; Ref: scu.181104

Savva and Another v Houssein: CA 24 Apr 1996

The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease.
Held: The breach of the covenant was remediable if the harm caused can be rectified. The breach was a continuing one. Possession was denied.
Staughton LJ said: ‘In my judgment . . the question is: whether the remedy referred to is the process of restoring the situation to what it would have been if the covenant had never been broken, or whether it is sufficient that the mischief resulting from a breach of the covenant can be removed. When something has been done without consent, it is not possible to restore the matter wholly to the situation which it was in before the breach. The moving finger writes and cannot be recalled. That is not to my mind what is meant by a remedy, it is a remedy if the mischief caused by the breach can be removed. In the case of a covenant not to make alterations without consent or not to display signs without consent, if there is a breach of that, the mischief can be removed by removing the signs or restoring the property to the state it was in before the alterations.’
Aldous LJ spoke of negative and positive covenants, saying: ‘There is in my view nothing in the statute, nor in logic, which requires different considerations between a positive and negative covenant, although it may be right to differentiate between particular covenants. The test is one of effect.’

Judges:

Aldous LJ, Staughton LJ, Sir John May

Citations:

Times 06-May-1996, (1997) 73 P and CR 150, [1996] EWCA Civ 1302, [1996] EWCA Civ 1295, [1996] 2 EGLR 65

Links:

Bailii, Bailii

Statutes:

Law of Property Act 1925 146

Jurisdiction:

England and Wales

Citing:

Cited – Expert Clothing Service and Sales Ltd v Hillgate House Ltd and Another CA 2-Apr-1985
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .

Cited by:

Cited – Akici v LR Butlin Ltd CA 2-Nov-2005
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .
Cited – Telchadder v Wickland Holdings Ltd SC 5-Nov-2014
Old breaches did not support possession order
The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 31 October 2022; Ref: scu.89033

Akinbolu v Hackney London Borough Council: CA 13 May 1996

The fact that a secure tenant was an illegal and an overstaying immigrant and therefore should not have been granted a tenancy, gave no right to the council as landlord summarily to evict him.

Citations:

Gazette 22-May-1996, Times 13-May-1996, (1996) 29 HLR 259

Statutes:

Housing Act 1985 81

Jurisdiction:

England and Wales

Cited by:

Cited – Birmingham City Council v Qasim and Others CA 20-Oct-2009
The council argued that the defendant was not a tenant granted to him as a secure tenancy since he had not been granted the tenancy in accordance with its policies. An employee had manipulated the Council’s system to grant tenancies to bypass the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 31 October 2022; Ref: scu.77701

E.On UK Plc v Gilesports Ltd: ChD 31 Jul 2012

The Claimant sought a declaration that the Defendant remained the tenant of the property in Nuneaton under a Sublease and arrears of rent, alternatively damages. E.ON is the leasehold owner of the property under a lease.

Judges:

Arnold J

Citations:

[2012] EWHC 2172 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – No1 West India Quay (Residential) Ltd v East Tower Apartments Ltd ChD 6-Oct-2016
Consent to assignment – delay
Tenants under long residential leases challenged the refusal of the landlord to consent to particular assignments of apartments. The leases contained provisions saying that such consent was not to be unreasonably withheld. The landlord now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 28 October 2022; Ref: scu.463319

Elim Court Elim Terrace – Plymouth : Midland : Birmingham: LVT 8 Dec 2011

LVT No Fault Right To Manage

Citations:

[2011] EWLVT CHI – LV – NFR – 00HG – 0, [2011] EWLVT CHI – LV – NFR – 00HG – 0

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Elim Court Elim Terrace – Plymouth : Midland : Birmingham LVT 8-Jul-2013
LVT No Fault Right To Manage . .
See Also – Elim Court Elim Terrace – Plymouth : Midland : Birmingham LVT 29-Oct-2013
LVT Service Charges . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 28 October 2022; Ref: scu.459500