Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Landlord and Tenant - From: 1992 To: 1992

This page lists 25 cases, and was prepared on 02 April 2018.

 
Malpas v St Ermin's Property Ltd [1992] 1 EGLR 109
1992
CA
Dillon LJ
Landlord and Tenant

Leasehold Reform Act 1967 2(1)
1 Citers


 
Laura Investments v Havering [1992] EGLR 155; [1992] CLY 2739; [1992] 24 EG 136
1992
ChD
Hoffmann J
Landlord and Tenant
The land was undeveloped when let to the tenant, who covenanted to build on it. On the rent review, the landlord contended that the rent should be calculated on the developed value, rather than in the condition as originally let. Held: In the absence of anything in the lease to indicate otherwise, the presumption was that the rent should be reviewed on the basis of the condition of the property as at the date of the review (with the buildings), and not as at the date of the grant.
1 Cites

1 Citers


 
Handley v Nationwide Anglia Building Society [1992] 2 EGLR 114
1992


Arbitration, Landlord and Tenant
The issue on a challenge of an arbitration award was whether the arbitrator had acted fairly.
1 Citers



 
 Peel Developments (South) Ltd v Siemens plc; 1992 - [1992] 2 EGLR 85
 
Divall v Harrison [1992] 2 EGLR 64
1992
CA

Landlord and Tenant
A notice to quit the agricultural land had been given in the name of the residuary beneficiary, not in the name of the executors in whom the reversion was still vested. Held: The notice was invalid. The residuary beneficiary was not the equitable owner, having only the right to see that the estate was duly administered.
1 Citers


 
Department of Environment v Allied Freehold Property Trust Ltd [1992] 42 EG 156
1992


Landlord and Tenant
On the renewal of the tenancy under the 1954 Act, the landlord applied to have an interim rent fixed. Held: The interim rent in this case should be set at 100% of the full market rent, because the tenancy had continued for a long time on the contractual basis.
Lanldord and Tenant Act 1954

 
Montross Associates Investments SA v Moussaieff [1992] 1 EGLR 55
1992
CA

Landlord and Tenant
A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, "but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or travel agency or recognised bank the authorised name of which includes the word 'Bank'". Held: The appeal failed. There was no breach of the covenant whether it was positive or negative.
1 Cites

1 Citers


 
Skillion pIc v Keltec Industrial Research Ltd [1992] 1 EGLR 123
1992

Knox J
Landlord and Tenant
In the context of a covenant in a lease restricting the tenant's use of the demised premises, it is the landlord who requires and puts forward the clause, and, the landlord will be treated as the proposer and the clause must therefore be construed in favour of the tenant in the case of doubt.
1 Citers


 
Re Arrows Ltd (No 3) [1992] BCLC 555
1992
ChD
Hoffmann J
Landlord and Tenant
Hoffmann explained the case of Reeves v Pope: "The reasoning of the Court of Appeal was that a mortgagee or transferee of a property subject to a lease does not become entitled to the rents … as an assignee [of] a chose in action by the original owner. What the original owner transfers to his mortgagee or to his transferee is not simply a right to receive the rent, which if it were an ordinary debt might be set-off against a cross-indebtedness by the transferor. It is the land itself. The mortgagee becomes entitled to collect the rent not as assignee of the rent but by virtue of having an interest in the land".
1 Cites

1 Citers


 
Nolan v Eagle Wharf Developments Ltd [1992] 2 EGLR 223
1992
LVT
Lady Fox
Landlord and Tenant
Tenants set out to purchase the freehold under the Act. The landlord had later granted a lease of the roof-space and of a car park. The tenant under that new lease did not come within section 4(2). Held: The tenants acquired the freehold free of the lease.
Landlord and Tenant Act 1987 5
1 Citers


 
Crown Estate Commissioners v Town Investments Limited [1992] 1 EGLR 61
1992
QBD
Barry Green QC
Landlord and Tenant
When renewing his tenancy, the tenant may not pray in aid its own breaches of covenant in order to reduce the new rent.
1 Citers


 
Lloyds Bank plc v Bowker Orford [1992] 2 EGLR 47G
1992
ChD
Mr David Neuberger QC
Landlord and Tenant
The court considered service charge provisions in a lease. Neuberger J said: "if the lease enumerates a number of aspects of the costs of the provision of the caretaker's flat for which the tenant is liable, there is obviously a fairly formidable argument open to the tenant that the parties cannot have intended any further aspects of the costs of the caretaker's flat to be included in the service charge."
1 Citers


 
Bairstow Eves (Securities) Ltd v Ripley (1993) 65 P&CR 220; [1992] 2 EGLR 47
1992
CA
Scott LJ, Sir Michael Kerr and Parker LJ
Landlord and Tenant
The lease conferred on the tenant a right to break the leases on notice "if the tenant shall perform and observe all the covenants and obligations herein on the tenant's part contained". It had failed to repaint the premises during the year before the exercise of the clause. Counsel for the tenant submitted that the condition precedent should be regarded as satisfied unless at the relevant date there were breaches of covenant for which substantial damages would be recoverable (relying on Bass Holdings). Held: The submission was rejected. The failure was fatal to the tenant's exercise of his rights under the lease. Scott LJ: "There is no authority that permits the court to rewrite the condition precedent so as to exclude from account a subsisting breach on the ground that only nominal damages are recoverable." and "The court is not entitled to rewrite that covenant [to paint the premises in the last year of the term] or to presume to inform Mr Ripley that the breach of the covenant was only trivial and should be ignored for the purposes of the condition precedent."
1 Cites

1 Citers



 
 Sheerness Steel Co v Medway Ports Authority; 1992 - [1992] 7 CL 355
 
Canadian Imperial Bank of Commerce v Bello and Others Gazette, 22 January 1992
22 Jan 1992
CA

Landlord and Tenant
Occupation of property taken up 'until works paid for' was sufficiently certain to create a tenancy, despite the absence of a certain term. It would be clear when it was to come to an end. Accordingly the tenant had locus as against the mortgagee in possession proceedings.
Land Registration Act 1925 70(1)

 
Crago v Julian Gazette, 22 January 1992; [1992] 1 All ER 744
22 Jan 1992
CA

Landlord and Tenant
An intended assignment of a tenancy which had not been completed in writing by deed was ineffective as against Landlord. An assignment of a weekly tenancy must be by deed if it is to be valid.
Law of Property Act 1925 53

 
Hussain v Mehlman [1992] 2 EGLR 287; [1992] 32 EG 59; [1992] EW Misc 1
5 Mar 1992
CC
Mr Assistant Recorder Sedley QC
Landlord and Tenant
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory breach of the lease. Held: Normal contractual principles can be applied to leases, since a lease is only a contract which creates an interest in land. A lease could be brought to an end by the tenant's acceptance of a repudiatory breach by the landlord: "the defendant's conduct, in the classic language, evinced an intention not to be bound by the implied covenant to repair. The breach, in my judgment, vitiated the central purpose of the contract of letting. "
Landlord and Tenant Act 1985 11
1 Cites

1 Citers

[ Bailii ]

 
 Westminster City Council v Clarke; HL 29-Apr-1992 - Gazette, 29 April 1992; [1992] AC 288; [1992] 24 HLR 360; [1992] UKHL 11; [1992] 1 All ER 695
 
CIN Properties Ltd v Dollar Land (Cumbernauld) Ltd [1992] UKHL 14; 1992 SC (HL) 104; 1992 SLT 669; 1992 SCLR 820
21 May 1992
HL

Landlord and Tenant

1 Citers

[ Bailii ]

 
 Prudential Assurance Co Ltd v London Residuary Body and Others; HL 16-Jul-1992 - Gazette, 16 September 1992; [1992] 3 All ER 504; [1992] 3 WLR 279; [1992] 2 AC 386; [1991] UKHL 10

 
 Pontsarn Investments Ltd v Kansalis-Osaki-Pankki; ChD 22-Jul-1992 - Gazette, 22 July 1992
 
Waltham Forest London Borough Council v Thomas Gazette, 22 July 1992
22 Jul 1992
HL

Landlord and Tenant, Housing
A person claiming a tenancy by succession by virtue of their occupation of the property with a deceased tenant for a period of 12 months, did not need that 12 months to have immediately preceded the death.
Housing Act 1985 79

 
Jones and Lee v Miah and Another Gazette, 09 September 1992; [1992] 24 HLR 578
9 Sep 1992
CA
Leggatt LJ, Dillon LJ
Landlord and Tenant
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 sections 27 and 28 of the Act to deprive him.” The remedies under the Act for harassment of the tenant are draconian.
Housing Act 1988 27(9)(c)
1 Citers


 
Muir Group Housing Association Ltd v Thornley and Another Gazette, 25 November 1992; (1992) 91 LGR 1; (1993) 25 HLR 89
25 Nov 1992
CA

Landlord and Tenant
The tenant's right to buy the property held under a secure tenancy was lost when, even after the start of the procedure for purchase, the Tenant had let out the house to another, and so ceased to be a secure tenant.
1 Citers


 
Harrow London Borough Council v Tonge Gazette, 02 December 1992; (1992) 25 HLR 99
2 Dec 1992
CA

Landlord and Tenant
An already established right to buy a council property was enforceable even after the death of the tenant.
1 Citers


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.