Category: Landlord and Tenant

Shelfside (Holdings) Ltd v Vale of White Horse District Council, Re Ladycroft Mobile Home Park: UTLC 21 Jun 2017

UTLC PARK HOMES – SITE LICENSING – burden and standard of proof on appeal against compliance notice – s. 9A, Caravan Sites and Control of Development Act 1960

Citations:

[2017] UKUT 259 (LC)

Links:

Bailii

Statutes:

Caravan Sites and Control of Development Act 1960 9A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 27 March 2022; Ref: scu.588208

JGS Properties Ltd v King and Others: UTLC 19 Jun 2017

LEASEHOLD ENFRANCHISEMENT – house – premium – whether three detached houses in Solihull had same growth rate as property in prime central London and should be valued using the Sportelli deferment rate without adjustment for greater risk of lower growth – whether adjustment to the deferment rate justified for obsolescence, volatility and/or illiquidity – section 9(1) Leasehold Reform Act 1967 – appeal allowed

Citations:

[2017] UKUT 233 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 27 March 2022; Ref: scu.588175

Barwick’s Case: 1597

A limitation of a remainder which would emerge by itself at some time in the future was not possible at law. A remainder is void unless it is preceded by some particular freehold estate created by the same instrument.
The Queen by letters patent made a demise for lives in consideration of the surrender, of a former lease also made by letters patent, a the time of the grant last made, the patentee had made several assignments and demises of the premises. Held the demise for lives is void.
A lease by the Queen in consideration of the surrender of all the lessee’s estate is
void, where the lessee has previously demised part.
If the consideration, be it executory or executed, or be it on record or not on record, be not truly performed, or if prejudice may accrue to the Queen by reason of non performance of it, the letters patent are void.

Citations:

(1597) 5 Co Rep 93b, [1572] EngR 27, (1572-1616) 5 Co Rep 93, (1572) 77 ER 199

Links:

Commonlii

Jurisdiction:

England and Wales

Trusts, Landlord and Tenant

Updated: 26 March 2022; Ref: scu.222682

The Kingsbridge Pension Fund Trust v Downs, Re: Milstead Farm (Landlord and Tenant – Agricultural Holdings Act 1986): UTLC 6 Jun 2017

Landlord and tenant – Agricultural Holdings Act 1986 – right to succession on retirement of tenant – eligibility dependent on nominated successor deriving principal livelihood from the holding for five years ‘in the last seven years’ – whether this ‘livelihood condition’ must be satisfied for the seven year period prior to the Tribunal’s determination of the successor’s application for a new tenancy as well as for the seven year period prior to the tenant’s retirement notice

Citations:

[2017] UKUT 237 (LC)

Links:

Bailii

Statutes:

Agricultural Holdings Act 1986

Jurisdiction:

England and Wales

Landlord and Tenant, Agriculture

Updated: 26 March 2022; Ref: scu.587783

Ljepojevic v University of Cambridge Accommodation Service: UTLC 25 May 2017

UTLC LANDLORD AND TENANT – Rent Determination – fair rent – sufficiency of reasons for FTT’s decision that the Rent Acts (Maximum Fair Rent) Order 1999 did not apply following improvements to premises – appeal allowed

Citations:

[2017] UKUT 213 (LC)

Links:

Bailii

Statutes:

Rent Acts (Maximum Fair Rent) Order 1999

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 26 March 2022; Ref: scu.584537

Dougall v Barrier Point RTM Company Ltd: UTLC 16 May 2017

UTLC LANDLORD AND TENANT – SERVICE CHARGES – compliance with statutory requirements as to contents of demands – entitlement of RTM company to recover charges – entitlement to recover costs of previous proceedings as costs of ‘other services’ – procedural unfairness and inappropriate reliance on history of non-payment as grounds for order for payment of costs under rule 13(1)(b) – s.20C, Landlord and Tenant Act 1985 – appeal allowed in part

Citations:

[2017] UKUT 207 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 March 2022; Ref: scu.584535

Corvan (Properties) Ltd v Abdel-Mahmoud, Re 500 Clive Court: UTLC 2 Jun 2017

UTLC LANDLORD AND TENANT – SERVICE CHARGES – qualifying long term agreement – whether agreement for one year which ‘will continue thereafter until terminated by notice’ an agreement for not more than 12 months – whether cost of employing porters and incidental costs recoverable through service charge – appeal allowed in part

Citations:

[2017] UKUT 228 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 March 2022; Ref: scu.584539

Contactreal Ltd v Smith Re Hitchman Court: UTLC 16 May 2017

LEASEHOLD ENFRANCHISEMENT – Premium – whether FTT made arithmetical mistake in calculating value of existing lease – whether allowance for the benefit of the Act should be made – deferment rate adjustments – whether appropriate to allow for Schedule 10 rights under Local Government and Housing Act 1989 – whether long leasehold value should be increased to give FHVP value – appeal allowed in part – premium assessed at 8,300 pouunds

Citations:

[2017] UKUT 178 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 March 2022; Ref: scu.584534

Buzzoni and Others v Revenue and Customs: FTTTx 21 Apr 2011

FTTTx INHERITANCE TAX – grant of future underlease – covenants reserved – whether donor excluded or virtually excluded – appeal dismissed

Citations:

[2011] UKFTT 267 (TC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Buzzoni and Others v HM Revenue and Customs – FTC/57-59/2011 UTTC 19-Oct-2012
UTTC Whether s. 102(1)(b) of the Finance Act 1986 (gift with reservation) applies to a gift of a reversionary underlease containing covenants from the donee mirroring covenants in the donor’s head lease. . .
At FTTTx – Buzzoni and Others v Revenue and Customs, Re The Estate of Lia Kamhi (Deceased)) CA 19-Dec-2013
. .
Lists of cited by and citing cases may be incomplete.

Inheritance Tax, Landlord and Tenant

Updated: 26 March 2022; Ref: scu.442964

Octagon Overseas Ltd and Others v Coates: UTLC 15 May 2017

UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – exercise of discretion over terms of appointment – insurance – consequences for landlord and third party of direction prohibiting involvement in insurance – appeal allowed

Citations:

[2017] UKUT 190 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 March 2022; Ref: scu.583903

Spath Home Ltd v Greater Manchester and Lancashire Rent Assessment Committee: QBD 13 Jul 1994

The rent assessment committee had rejected proposed market rent comparables as an indicator of market rent for the premises, because they were not satisfied of the actual absence of scarcity. The landlord had not demonstrated the unsoundness of registered fair rent comparables.
Held: The court set out the principles to be followed in assessing fair rent and considering different comparators: ‘(1) A ‘fair rent’ under Section 70 of the Rent Act 1977 is the market rent adjusted for the scarcity element under section 70(2) and disregarding the personal circumstances mentioned in section 70(1)and the matters specified in section 70(3). (2) There are various methods of assessing the fair rent, including the use of registered fair rent comparables and the use of assured tenancy comparables. (3) The method or methods adopted by a rent assessment committee may vary according to the particular circumstances of each case. (4) The rent assessment committee must consider, and have regard to, the method or methods suggested to them by the parties. (5) In deciding which method to adopt the rent assessment committee must take into account relevant considerations and give adequate reasons for their choice of method. (6) Subject to compliance with those requirements, the rent assessment committee is free to adopt the method which appears to them, on the evidence, to be the most appropriate method provided it is not a method which is either unlawful or unreasonable.
It follows from a consideration of those principles that a rent assessment committee is not bound to use assured tenancy comparable in determining a fair rent under section 70, although that method may be expected to be used increasingly in the future in the same way as registered fair rent comparables were used increasingly following the advent of the Rent Acts.’ It was open to a committee to adopt either the market rent or registered rent approach, or both, depending on the material before them, and that the absence of scarcity was no reason for rejecting market rent comparables. However, a committee would have to show weighty reasons for departing substantially from market rents recently agreed on similar flats within the same block, as in this case.

Judges:

Harrison J

Citations:

Times 13-Jul-1994, (1994) 27 HLR 243

Jurisdiction:

England and Wales

Cited by:

Appeal from – Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee CA 9-Aug-1995
The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not . .
Cited – Sheppard-Capurro, Regina (on the Application of) v London Rent Assessment Panel Admn 27-Jul-2005
. .
Cited – Curtis v Chairman of London Rent Assessment Committee; Huntingford and Packford CA 9-Oct-1997
The claimant sought to appeal the quashing of determinations of a fair rent for two properties. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 March 2022; Ref: scu.89448