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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: 1993 To: 1993

This page lists 34 cases, and was prepared on 02 April 2018.

 
City of London Corporation v Fell [1993] QB 590
1993


Landlord and Tenant
The benefit and burden of a break clause in a lease will ordinarily pass with the reversion or the term, as "touching and concerning" the respective estates of the landlord and the tenant and as conditions of the enjoyment of those estates.
1 Citers


 
Famous Army Stores v Meehan [1993] 1 EGLR 73
1993

Steyn J
Landlord and Tenant, Equity

1 Citers


 
Pretoria Warehousing Co Ltd v Shelton [1993] EGCS 120
1993


Landlord and Tenant
In a shopping centre, a tenant and its customers had acquired the right under s62 of the 1925 Act to use the concourse. The tenant was therefore entitled to an injunction to prevent the landlord further developing the concourse in such a way as to infringe those rights.
Landlord and Tenant Act 1954 - Law of Property Act 1925 62

 
Ricci v Masons [1993] 3 EG LR 159
1993


Landlord and Tenant, Professional Negligence, Damages
The tenant sued his solicitor who had failed to make application to the court in time to secure his right to a new tenancy. As a result, the tenant had had to accept a five year contracted out lease, as opposed to a 10 year lease with a break clause. Held: The damages were to be measured as the difference in value between the two leases, in this case set at £100,000.
Landlord and Tenant Act 1954

 
RPH Ltd v Mirror Group (Holdings) Ltd [1993] 1 EGLR 74
1993

Sir Donald Nicholls V-C
Landlord and Tenant

1 Citers


 
Skipton Building Society v Clayton (1993) 66 P & CR 223
1993
CA
Slade LJ
Landlord and Tenant, Estoppel
The wife claimed that the husband had forged the mortgage document. The Society said that she had allowed them to believe that she had consented to the charge. Slade LJ set out the principle: "in a case where A, the holder of the legal estate in land, has executed a mortgage of the land in favour of B, and C, who claims an interest in the land, has so conducted himself as to give B reasonable grounds for believing that C is consenting to the creation by A of a charge over the land in favour of B which will have priority to C's interest, then C will be estopped from asserting that his interest has priority to B's charge."
Law of Property Act 1925 149(6)
1 Citers



 
 Sheffield City Council v Jepson; CA 1-Mar-1993 - Ind Summary, 01 March 1993; (1993) 25 HLR 299

 
 Ward-Lee v Lineham; CA 1-Mar-1993 - Ind Summary, 01 March 1993
 
Daley and Another v Ramdath Gazette, 10 March 1993
10 Mar 1993
CA

Landlord and Tenant, Damages
An exemplary damages award against a Landlord's professional agent was disallowed.

 
United Dominions Trust Ltd v Shellpoint Trustees Gazette, 02 June 1993; Independent, 14 April 1993; Times, 23 March 1993; [1993] 4 All ER 310 CA
23 Mar 1993
CA

Landlord and Tenant, Litigation Practice
The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not the costs, and the landlord acted to take possession for non-payment. The lender applied for relief out of time. It had known of the proceedings since their inception. Held: The term 'lessee' in section 138 of the Act, must be read to include a mortgagee, and having failed to act within the time limits set down, the mortgagee was barred from all relief.
cw Forfeiture relief lease mortgaged lessor repossessing flat - mortgagee failing to apply in time for relief - whether 'lessee' includes 'mortgagee'.
County Courts Act 1984 138(2) 140
1 Cites


 
Steel Linings Ltd and Another v Bibby and Co (A Firm) Times, 30 March 1993
30 Mar 1993
CA

Landlord and Tenant
Relief was given to a tenant in respect of an excessive distress levied by his Landlord.


 
 City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm); CA 31-Mar-1993 - Gazette, 31 March 1993; [1993] QB 589; [1993] 2 All ER 449; (1992) 65 P & CR 229; [1993] 2 WLR 710; [1993] 1 EGLR 93; (1992) 91 LGR 151
 
MEPC Plc v Scottish Amicable Life Assurance Society and Another: N R European Community (Third Party) Times, 06 April 1993
6 Apr 1993
CA

Insolvency, Landlord and Tenant
An insolvency trustee's notice of disclaimer was effective to disclaim a lease.
Insolvency Act 1986

 
Take Harvest Ltd v Liu and Another Ind Summary, 12 April 1993; Gazette, 21 April 1993; [1993] AC 552
12 Apr 1993
PC

Landlord and Tenant, Commonwealth, Estoppel
An oral agreement to surrender a lease of less than three years might not defeat a rent arrears claim under an estoppel.
1 Citers



 
 Mountain v Hastings; CA 16-Apr-1993 - Independent, 16 April 1993; (1993) 25 HLR 427
 
Hounslow London Borough Council v Pilling Gazette, 21 April 1993; [1993] 1 WLR 1242
21 Apr 1993
CA
Nourse LJ
Landlord and Tenant
One joint tenant relied upon the 1977 Act to try to protect her against eviction. Held: One joint tenant may not unilaterally end a tenancy without full notice. However Nourse LJ in allowing the tenant’s appeal found "it abundantly clear that a joint tenant cannot unilaterally determine the tenancy by giving an inappropriate notice, for example one which does not give the period of notice required at common law or by the terms of the tenancy", and said: "it is obvious that such an agreement cannot deprive the other joint tenant of the protection to which he is entitled under the Act."
Protection from Eviction Act 1977 5(1)

 
Elizabeth v Rochester City Council (26 April 1993) unreported
26 Apr 1993
CA
Nourse, McCowan and Roch LJJ
Landlord and Tenant

1 Cites

1 Citers


 
Trustees of Dame Margaret Hungerford Charity v Beazeley Gazette, 16 June 1993; Times, 17 May 1993
17 May 1993
CA

Landlord and Tenant
A landlord's policy of carrying out running repairs only can be acceptable if it accords with the age and character of the property.
Landlord and Tenant Act 1985 11

 
Air India v Balabel Ind Summary, 17 May 1993
17 May 1993
CA

Landlord and Tenant
The Landlord and Tenant Act 1988 has not altered the fundamental law on the refusal of consent to assign a lease.
Landlord and Tenant Act 1988

 
Coventry City Council v Cole Times, 03 June 1993
3 Jun 1993
CA

Landlord and Tenant
A service charge clause in lease was valid notwithstanding right-to-buy provisions.
Housing Act 1985

 
McMullen and Sons Ltd v Cerrone Times, 10 June 1993
10 Jun 1993
ChD

Landlord and Tenant
Section 252 of the Insolvency Act 1986 does not stop a Landlord executing distress though interim order in force.
Insolvency Act 1986 252(2)

 
Dawncar Investments Ltd v Plews Ind Summary, 05 July 1993; Times, 28 June 1993
28 Jun 1993
CA

Landlord and Tenant, Housing
The special character of a district is relevant when a court was asked to consider an offer of alternative accommodation for a tenant.
Rent Act 1977

 
Taylor v Courage Ltd Times, 08 July 1993; Ind Summary, 26 July 1993
8 Jul 1993
CA

Landlord and Tenant
A restaurant run within a pub is within the scope of the section and a Part II tenancy, despite being open to pub customers.
Landlord and Tenanct Act 1954 Part II, 43 (1)(d)

 
In Re 51 Bennington Road Aston Times, 21 July 1993
21 Jul 1993
ChD

Landlord and Tenant
Tenants still able to purchase freehold though reversioner's identity is unknown.
Leasehold Reform Act 1967 27

 
Re Vedmay Ltd Times, 21 October 1993; Ind Summary, 18 October 1993; Ind Summary, 06 September 1993
6 Sep 1993
ChD

Landlord and Tenant, Company, Insolvency, Landlord and Tenant
A statutory tenant has a sufficient locus standi to request the vesting in him of a house disclaimed by the owner company's liquidator.
Insolvency Act 1986 181

 
Re Vedmay Ltd Times, 21 October 1993; Ind Summary, 18 October 1993; Ind Summary, 06 September 1993
6 Sep 1993
ChD

Landlord and Tenant, Company, Insolvency, Landlord and Tenant
A statutory tenant has a sufficient locus standi to request the vesting in him of a house disclaimed by the owner company's liquidator.
Insolvency Act 1986 181


 
 Credit Suisse v Beegas Nominees Ltd; ChD 15-Sep-1993 - Independent, 15 September 1993; [1994] 4 All ER 803

 
 Connaught Restaurants Ltd v Indoor Leisure Ltd; CA 17-Sep-1993 - Gazette, 16 February 1994; Independent, 17 September 1993; Times, 27 July 1993; [1994] 1 WLR 501
 
Mason v Nwokorie Gazette, 17 November 1993; Times, 19 October 1993; (1994) 26 HLR 60
19 Oct 1993
CA
Dillon LJ
Landlord and Tenant, Damages
General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award should be set off against the statutory award for the same loss.
Housing Act 1988 27
1 Citers



 
 Hughes and Another v Greenwich London Borough Council; HL 26-Oct-1993 - Ind Summary, 06 December 1993; Gazette, 17 December 1993; Times, 26 October 1993

 
 Sargent v Commissioners of Customs and Excise; ChD 18-Nov-1993 - Times, 18 November 1993; Gazette, 02 March 1994
 
Sheffield City Council v Green Times, 25 November 1993
25 Nov 1993
CA

Landlord and Tenant, Housing
A possession order was reasonably made against a Tenant who was keeping a dog in breach of his tenancy agreement.


 
 Corporation of City of London v Fell and Others; HL 3-Dec-1993 - Gazette, 26 January 1994; Independent, 03 December 1993; Times, 03 December 1993; [1994] 1 AC 458; [1993] UKHL 11

 
 Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc; CA 15-Dec-1993 - Times, 15 December 1993; [1994] 17 EG 148; [1994] 1 EGLR 93
 
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