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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: 1997 To: 1997

This page lists 103 cases, and was prepared on 02 April 2018.

 
Addin v Secretary of State for the Environment [1997] 1 EGLR 99
1997
ChD
Jacob J
Landlord and Tenant
The lease provided for seven-yearly rent reviews. The landlord argued that the reddendum gave the right to trigger a review to him alone. If he chose not to do so, then no review would take place. The tenant contended that the opening words of the reddendum provided for a review every seven years and that sub- clauses (a)-(d) were merely machinery. If the review was compulsory, then the Court could supply the machinery by implying whatever term was necessary to enable the review to take place. Held: The court accepted the tenant's argument
1 Cites

1 Citers


 
Board of Trustees of the National Provident Fund v Shortland Securities Limited [1997] 1 NZLR 1
1997
PC
Lord Hoffmann
Commonwealth, Landlord and Tenant
(New Zealand) Lord Hoffmann: "The expression "ratchet clause" is well understood in New Zealand to mean a particular type of clause, namely a provision such as cl 3.5(c)(i) which prevents the reviewed rent from being lower than the previous rent. This is not the same as a clause giving the landlord an option to initiate review proceedings, even if in practice the economic effect is likely in most (though not necessarily all) cases, to be the same. McGechan J said: "[Brierley's] agreement to provide a lease without a ratchet clause did not require provision of a lease with a mandatory review clause. The two were different and were not spoken of as the same". The Court of Appeal agreed. In view of these concurrent opinions as to the meaning of what is in effect a term of art in New Zealand commercial property transactions, Their Lordships would be very reluctant to take a different view."
1 Cites

1 Citers


 
Secretary of State for the Environment v Possfund (North West) Ltd and others [1997] 2 EGLR 56
1997
ChD
Rimer J
Landlord and Tenant
The lease required T to pay a depreciation allowance toward the cost of maintaining and replacing fixtures and fittings, including the air conditioning. An unspent balance had accumulated when the lease came to an end. The reversion was sold and T signed a new lease. The first L transferred the depreciation fund to the new L but T said it should be returned. Held: Once the sums were paid into the depreciation fund, they became the landlord's absolute property. There was no provision in the lease for the return to the tenant of unspent funds at the end of the lease. This pointed to an intention that the landlord should keep them. The sums had been paid into a separate fund earmarked for the replacement of the air conditioning plant. The air conditioning plant had a finite life expectancy which was not necessarily co-terminous with the lease. The contributions to the depreciation fund were intended under the lease to go towards the cost of replacing the unit whenever that was necessary, regardless of whether the lease had already ended.
1 Citers



 
 Northampton Borough Council v Lovatt and Lovatt; CA 3-Jan-1997 - Times, 03 January 1997; Gazette, 11 March 1998; [1997] EWCA Civ 821
 
Scottish Life Assurance Co Ltd v Agfa-Gavaert Ltd Times, 08 January 1997
8 Jan 1997
OHCS

Landlord and Tenant
A rent review counter-notice which did not propose a new rent was defective and allowed the Landlord's notice to stand.

 
Great Yarmouth Marina Leisure Limited v Great Yarmouth Borough Council [1997] EWCA Civ 801
17 Jan 1997
CA

Landlord and Tenant
Relief from forefiture - non-payment of rent - failure of claim for damages after grant of relief.
[ Bailii ]
 
Ashworth Frazer Ltd v Gloucester City Council [1997] EWCA Civ 806
20 Jan 1997
CA

Landlord and Tenant

1 Citers

[ Bailii ]
 
13-20 Embankment Gardens Ltd v Coote [1997] EWCA Civ 835
24 Jan 1997
CA
Lord Justice Mccowan, Lord Justice Millett
Landlord and Tenant, Land
The applicant appealed an order for the removal of a land charge. As tenant of a flat, he had fallen into dispute with the management company. Proceedings were under way for the lease to be forfeited, and in the meantime his lender obtained a possession order. He intended to claim damages for failure to repair, and he registered a land charge to protect that impending action. The landlord was now in liquidation. Held: The use of the land charge was wholly inappropriate. The landlord being in liquidation, no charging order would now be possible. He was an unsecured creditor and this claim must proceed by way of proof in the liquidation. The charging order procedure is not available to a party who has not yet established his claim. Leave to appeal was refused.
Land Charges Act 1972
[ Bailii ]
 
Mark Stone Car Sales Limited v Howard De Walden Estates Limited [1997] EWCA Civ 887
30 Jan 1997
CA

Landlord and Tenant

Landlord and Tenant Act 1954 26
[ Bailii ]
 
Hurst v Bryk Times, 20 March 1997; [1997] EWCA Civ 916
4 Feb 1997
CA

Company, Landlord and Tenant
The end of a partnership did not break a former partner's obligation to the other partners on a lease held for the partnership.
1 Cites

1 Citers

[ Bailii ]
 
David Andrews Lesley Andrews v Roger Brewer Ann Brewer [1997] EWCA Civ 1029; [1997] 30 HLR
17 Feb 1997
CA
Lord Justice Auld, Mr Justice Morland
Housing, Landlord and Tenant
Tenants challenged an order for possession, saying the form of notice was defective. The date specified in the notice was clearly a clerical error. It provided that the tenancy would commence on 29 May 1993 and end on 28 May 1993, on the face of it, a day before its commencement. The premises had previously been operate as a guest house, and the landlord's contended that the intended use was for business purposes. The tenants claimed that the judge should have allowed a set off of the costs of repairs undertaken by the tenants against the arrears of rent. Held: The contract itself made the letting a residential one, and the form of contract was determinative. The letting was an assured tenancy. The notice was defective, but the clerical error was obvious and did not detract in any way from the effect of the notice. It did not mean that it was not substantially to the same effect as that in the prescribed form. The repairs were of items for which no notice of want of repair had been put to the landlords. There was no proper claim against him.
Housing Act 1988 - Landlord and Tenant Act 1985
1 Cites

1 Citers

[ Bailii ]
 
Doreen Patricia Massie Loder Dyer (Widow) v Honourable Charles Gerald John Cadogan Viscount Chelsea Cadogan Estates Limited [1997] EWCA Civ 1054
20 Feb 1997
CA

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Associated Newspapers Property Limited and Associated Newspaper Holdings Limited v Masters and Wardens and Brethren and Sisters of Guild Or Fraternity of Blessed Mary Virgin of Mystery of Drapers In City of London [1997] EWCA Civ 1077
24 Feb 1997
CA

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 9
24 Feb 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]

 
 Brent London Borough Council v Knightley and Another; CA 26-Feb-1997 - Times, 26 February 1997; [1997] EWCA Civ 917; (1997) 29 HLR 857

 
 Newlon Housing Trust v Al-Sulaimen and Another; CA 27-Feb-1997 - Gazette, 27 February 1997
 
Mayor and Burgesses of London Borough of Camden v Alexandrou [1997] EWCA Civ 1132
28 Feb 1997
CA

Housing, Landlord and tenant

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 10
3 Mar 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Michaels and Another v Hartley House (Marylebone) Ltd Times, 10 March 1997; Gazette, 03 April 1997
10 Mar 1997
ChD

Landlord and Tenant
The transfer of a freehold to an associated company was not a 'relevant disposal' for the purposes of the Act.
Landlord and Tenant Act 1987 Part I

 
St Giles Hotel Limited v Microworld Technology Limited; Bhaiji Limited; Naz Electronics Limited; Poweracre Limited; W T Bureau De Change; Shekhana Limited; Diamond Micros Limited and Microworld Books and Accessories Limited [1997] EWCA Civ 1225
12 Mar 1997
CA

Landlord and Tenant
Application for stay of execution of warrant for possession.
Landlord and Tenant Act 1954
[ Bailii ]

 
 Wallace v C Brian Barratt and Son Limited and Lock; CA 19-Mar-1997 - [1997] EWCA Civ 1281; [1997] EGLR 1
 
Bridgegrove Limited v Smith and Smith Times, 22 April 1997; [1997] EWCA Civ 1284
20 Mar 1997
CA

Landlord and Tenant, Torts - Other
'Car repairs' includes re-spraying - Landlord was liable for negligent misstatement on use.
[ Bailii ]
 
Mortimer Investments Ltd v Mount Eden Land Ltd Unreported, 26 March 1997
26 Mar 1997

Rattee J
Landlord and Tenant
The court was asked as to the interpretation of an elderly restrictive user covenant in a lease. The proposed use was by a sub-tenant as a sandwich bar serving ready prepared food, including cooked food, to take away and also to consume on the premises. Held: (Solicitor's note of the judgment) "I accept that victualler in its strict sense does not necessarily connote alcohol. It is also clear however that victualler can, in context, include that connotation. It is clear from the Oxford English dictionary and various 19th century statutes. I accept Mr Brock's submissions that the use of victualler to mean any food and drink is wholly inapt in this case because of the specific prohibitions in the remainder of the covenant. I also accept there is some significance in the collocation of the words indicating the view of the draftsman and the parties' intention to connote liquor. Construing the covenant as a whole, it seems to me that victualler does connote alcoholic liquor. That the sandwich bar does not sell. So the Master was right in his conclusion that there is no breach of covenant."
As to the expression "coffee house keeper": "It is clear from Fitz v Iles that coffee house is not limited to the 17th and 18th century meanings. The Court of Appeal in that case referred to "a new fashioned coffee house" which amounted to food and drink consumption on the premises. I fail to see the distinction between a shop providing those on a self-service basis with waitress service insofar as it applies to a coffee house. There is no evidence in Fitz v lies that the Court of Appeal though that the point was significant. In my judgment, just as in 1892, so in the present time, provision of light refreshments for consumption on or off the premises is reasonably within the covenant. A sandwich bar is engaged in that business. Accordingly, it is a breach of covenant as a coffee house."
1 Citers


 
Staszewski v Maribella Ltd Times, 28 March 1997; Gazette, 16 April 1997
28 Mar 1997
CA

Landlord and Tenant
A landlord's furnishing to his tenants of the particulars of a purchase must state the reason for the statement. A landlord's reply to a notice which was equivocating as to the validity of claim was not a valid answer.
Landlord and Tenant Act 1987 11


 
 Lambeth London Borough Council v Thomas; CA 31-Mar-1997 - Times, 31 March 1997; (1997) 30 HLR 89
 
London (1967 Act Decisions) [1997] EWLVT 11
8 Apr 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Norwich Union Life Insurance Society v Shopmoor Ltd [1997] EWHC Ch 368
10 Apr 1997
ChD

Landlord and Tenant
The tenants had applied for a licence to assign the property. The landlords had prevaricated, and the judge found their delay unreasonable and that it amounted to an unreasonable withholding of consent. They now appealed. Held: The 1988 Act did not make clear that a tenant faced with a delay could nevertheless complete the assignment. The landlord has a statutory duty to the tenant within a reasonable time to give consent, except in a case where it is reasonable not to give consent. In judging whether it is reasonable not to give consent, the position is tested by reference to the state of affairs at the expiry of the reasonable time. The landlord having shown no arguable defence,the tenant had been free to complete the assignment.
The tenant had itself appealed a finding that the landlord had been correct to withold consent to a subletting at a low rent where the landlord felt that this would affect its ability to negotiate rents for other properties locally. To allow the landlord to seek to control rents on subleases where it had no direct interest would give it too much power. The tenant's appeal on this point succeeded.
Landlord and Tenant Act 1988 1(3)
1 Cites

[ Bailii ]
 
Peter Mundy v Edward Hook [1997] EWCA Civ 1382
11 Apr 1997
CA

Landlord and Tenant
Application for leave to appeal - whether agreement constituted shorthold tenancy agreement.
1 Cites

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 12
16 Apr 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]

 
 Hall and Woodhouse Limited v Haywood; CA 17-Apr-1997 - [1997] EWCA Civ 1426
 
London (1967 Act Decisions) [1997] EWLVT 13
21 Apr 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Twogates Properties Limited v Birmingham Midshires Building Society; Folkard and Hayward Services Limited (In Administrative Receivership) [1997] EWCA Civ 1521
24 Apr 1997
CA
Leggatt, Thorpe, Mummery LJJ
Landlord and Tenant

[ Bailii ]
 
Sarwjit Singh v Helen Emmanuel [1997] EWCA Civ 1519
24 Apr 1997
CA

Landlord and Tenant, Housing
A notice to terminate a shorthold tenancy which was given within the first six months, but expired after the end of the six month period was effective.
Housing Act 1988 21(1)(b)
[ Bailii ]

 
 Bell; Wigley and Williams v General Accident Fire and Life Assurance Corporation Plc; CA 29-Apr-1997 - [1997] EWCA Civ 1553
 
Park Air Services Plc; Christopher Moran Holdings Limited v Bairstow and Ruddock [1997] EWCA Civ 1590
1 May 1997
CA
Lord Justice Nourse Lord Justice Potter And Lord Justice Mummery
Insolvency, Landlord and Tenant
If a lease is determined or treated as determined in a winding up or in a bankruptcy, the landlord is entitled to prove in principle for all the rent and other payments which he would have been entitled to recover from the tenant for the residue of the term, had the lease not been determined.
Insolvency Act 1986
1 Cites

1 Citers

[ Bailii ]
 
McDougalls Catering Foods Limited v BSE Trading Limited [1997] EWCA Civ 1616; [1998] 2 EGLR 65
2 May 1997
CA
Aldous LJ
Landlord and Tenant, Insolvency
The appellant had guaranteed the tenant's obligations under an underlease. The tenant having become insolvent, the landlord sought to enforce the guarantee. The appellant said that the landlord had accepted a surrender of the underlease. The landlord had taken possession proceedings after the tenant had left and squatters had moved onto the land. The landlord also sought the cost of the possession proceedings. Held. Where possession is unequivocally offered and retaken, it will, without more, be inequitable for the landlord to deny that the tenancy has ended, because he cannot at one and the same time have both possession and continuing rent under the tenancy. Aldous LJ said that the court's task is to ascertain from all the facts whether the landlord's conduct: 'did in fact amount to an unequivocal acceptance of cessor of the tenancy such that it would be inequitable for the landlord to dispute that the tenancy ceased'.
1 Citers

[ Bailii ]
 
Catherine Dykes v George Redhead [1997] EWCA Civ 1639
8 May 1997
CA

Landlord and Tenant

[ Bailii ]
 
Peter Simons v Nili Salehi-Vivant [1997] EWCA Civ 1665
9 May 1997
CA

Landlord and Tenant

[ Bailii ]
 
In Re Park Air Services Plc Times, 14 May 1997; Gazette, 14 May 1997
14 May 1997
CA

Landlord and Tenant, Insolvency
A landlord was allowed to recover lost rent after a disclaimer but he must allow for accelerated possession; he may prove the debt in bankruptcy.


 
 Mannai Investment Co Ltd v Eagle Star Assurance; HL 21-May-1997 - Times, 26 May 1997; [1997] 2 WLR 945; [1997] UKHL 19; [1997] AC 749; [1997] 3 All ER 352; [1997] 24 EG 122

 
 Co-Operative Insurance Society Ltd v Argyll Stores; HL 21-May-1997 - Times, 26 May 1997; [1997] UKHL 17; [1997] 2 WLR 898; [1998] AC 1; [1997] All ER 297; [1997] 1 EGLR 52; [1997] CLC 1114; [1997] NPC 79; [1997] EG 81; [1997] 23 EG 141
 
London (1967 Act Decisions) - 14 [1997] EWLVT 14
29 May 1997
LVT

Landlord and Tenant

[ Bailii ]
 
Ascot Estates Limited v Gentlefair Limited Liam Mundow Adrian Ennis [1997] EWCA Civ 1789
5 Jun 1997
CA

Landlord and Tenant

1 Cites

[ Bailii ]
 
Tural Mustafa v Maria Alexandra Ruddock and Family [1997] EWCA Civ 1803
5 Jun 1997
CA

Landlord and Tenant

1 Cites

[ Bailii ]
 
Razzaq v Pala Times, 06 June 1997; Gazette, 18 June 1997; [1997] 1 WLR 1336
6 Jun 1997
QBD
Lightman J
Insolvency, Landlord and Tenant
The forfeiture of a bankrupt's lease is not an exercise of a security disallowing landlord from proving in the bankruptcy. the right of physical re-entry is neither a "security" nor a "remedy" within the meaning of those provisions, nor does it constitute "other proceedings" or the execution of "other legal process". The present law is therefore anomalous.
Insolvency Act 1986 10 11(3) 130(4) 252(2) 285(3)

 
Dun and Bradstreet Software Services (England) Ltd; Dun and Bradstreet Software Services Ltd v Provident Mutual Life Assurance Association and General Accident Linked Life Assurance [1997] EWCA Civ 1816
9 Jun 1997
CA
Lord Justice Simon Brown Lord Justice Peter Gibson Mr Justice Mccullough
Landlord and Tenant
Break clauses had been exercised on behalf of the plaintiffs. The defendant landlords appealed a decision upholding the notices. A penalty rent had been sought. Held: There had been no sufficient agency established to validate the notice. The timely payment of the penalty rent was of the essence. The appeal was allowed.
Distress for Rent Act 1737 - Landlord and Tenant Act 1730
1 Cites

[ Bailii ]
 
Northern Electric Plc v Ian Addison [1997] 2 EGLR 111; [1997] EWCA Civ 1854; (1999) 77 P&CR 168
12 Jun 1997
CA
Lord Justice Potter, Lord Justice Brooke
Landlord and Tenant
The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which could only be moved at great expense. Held: The judge is to assess the rent upon the basis of the rent at which the premises might reasonably be expected to be let on the open market by a willing lessor. Any ransom value must be ignored. Nor should a rent review be ordered when one did not apply in the earlier lease.
Landlord and Tenant Act 1954 25
1 Cites

1 Citers

[ Bailii ]
 
Yash Oberoi v Pritam Raj Singh Jitinder Kaur Singh [1997] EWCA Civ 1912
19 Jun 1997
CA

Landlord and Tenant

[ Bailii ]
 
Harvey Michaels and Valentina Michaels v Harley House (Marylebone) Limited [1997] EWCA Civ 1920; [1997] 1 WLR 967
20 Jun 1997
CA

Landlord and Tenant, Costs
The respondent sought security for costs. One plaintiff was bankrupt, and an outstanding costs order had not been met. Held: The matter should not be adjourned pending an application for legal aid, and nor should the considerable interest in the case put the respondent at risk. Security for costs ordered.
Landlord and Tenant Act 1987 5
1 Cites

1 Citers

[ Bailii ]
 
Yvonne Baxter v Mayor and Burgesses of London Borough of Camden [1997] EWCA Civ 1931
20 Jun 1997
CA

Landlord and Tenant, Housing

[ Bailii ]
 
Huddleston v Harries [1997] EWCA Civ 1936
23 Jun 1997
CA

Landlord and Tenant

Mobile Homes Act 1983 1(2)
[ Bailii ]

 
 Walker v Badcock; CA 24-Jun-1997 - [1997] 2 EGLR 163; [1997] EWCA Civ 1949
 
London (1967 Act Decisions) [1997] EWLVT 15
4 Jul 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
London (1967 Act Decisions) 17 [1997] EWLVT 17
7 Jul 1997
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 16
7 Jul 1997
LVT

Landlord and Tenant

[ Bailii ]
 
Raymond Brett v Richard Tarr and Indata Leasing Limited v Raymond Brett [1997] EWCA Civ 2072
9 Jul 1997
CA

Landlord and Tenant

[ Bailii ]
 
Herbie Frogg Limited v Lee Barnett Needleman (a Firm) [1997] EWCA Civ 2063
9 Jul 1997
CA

Landlord and Tenant, Professional Negligence, Damages

[ Bailii ]
 
Dace; Pallett v Redland Aggregates Limited; Mcclean Homes Limited and Laing Homes Limited [1997] EWCA Civ 2058
9 Jul 1997
CA

Landlord and Tenant

1 Cites

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 18
10 Jul 1997
LVT

Landlord and Tenant

[ Bailii ]
 
King v Jackson (T/a Jackson Flower Company) [1997] EWCA Civ 2118; [1998] 1 EGLR 30
16 Jul 1997
CA

Land, Contract, Landlord and Tenant, Damages
The defendant appealed an award of £11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of the property and the tenanted value of the property. Held: The court took account of an oral agreement to surrender an assured shorthold tenancy, relied on by the landlord, in assessing damages for unlawful eviction. "The valuation under section 28(1)(a) of the Housing Act 1988 must include a valuation of the occupier’s “right to occupy” immediately before the unlawful eviction. That is necessarily based upon an analysis of her right, whatever her intention on that day may have been."
Law of Property (Miscellaneous Provisions) Act 1989 2 - Housing Act 1988 27 28
1 Cites

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 20
17 Jul 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
London (1967 Act Decisions) (2) [1997] EWLVT 19
17 Jul 1997
LVT

Landlord and Tenant

Leasehold Regorm Act 1967
[ Bailii ]

 
 Rahman v Benwell Properties Limited; R A Chaudhery and N B Chaudhery; CA 17-Jul-1997 - [1997] EWCA Civ 2133
 
Chesters Accomodation Agency Ltd v Abebrese Times, 28 July 1997; Gazette, 03 September 1997; [1997] EWCA Civ 2137
18 Jul 1997
CA

Landlord and Tenant
A court action begun by the owner's agent in his own name rather than in the landlord's name for possession was ineffective. The resulting possession order set aside. He had no locus standi. Only the landlord has that power.
1 Cites

[ Bailii ]
 
Mundy v Hook [1997] EWCA Civ 2145
18 Jul 1997
CA
Simon Brown, Mummery LJJ
Landlord and Tenant
The court was asked whether an agreement was an assured shorthold tenancy agreement with the 1988 Act. The agreement incorrectly stated a date which would have terminated the secure tenancy after five not six months. There was also disagreement about whether a garage was included in the let. The landlord having died, his personal representative sought rectrification of the agreement. Held: The judge had found an agreement. The inclusion of the garage was a matter of construction, and did not go to whether there was any agreement at all. There had been an agreement as to terms which was nor reflected in the document. The agreement prevailed, and rectification had properly been ordered. There was no failure to comply with any statutory requirements, only a failure to record the true agreement.
Housing Act 1988
1 Cites

1 Citers


 
Dreamgate Properties Limited v Arnot [1997] EWCA Civ 2138
18 Jul 1997
CA

Landlord and Tenant

1 Cites

[ Bailii ]

 
 Fitzpatrick v Sterling Housing Association; CA 23-Jul-1997 - Times, 31 July 1997; [1997] EWCA Civ 2169
 
Aubrey Investments Ltd v D A Crawford Ltd (In Receivership) Times, 30 July 1997
30 Jul 1997
OHCS

Landlord and Tenant
Appointment of receiver to tenant is not act committed by tenant for purposes of irritancy clause.

 
Wellcome Trust Ltd v Hamad; Ebied and Another v Hopkins and Another; Church Commissioners for England v Baines Times, 13 October 1997; [1997] EWCA Civ 2237; [1998] QB 368
30 Jul 1997
CA
Leggatt LJ
Landlord and Tenant
There was a tenancy for mixed residential and business purposes and, with the landlord's permission, the tenant sublet one of the residential flats within the premises to the defendant, who enjoyed protection under the Act of 1977. Held: Sub-tenants in residential occupation of what were mixed residential and commercial tenancies, do have protection and security of tenure under the Rent Act 1977. The authority referred to in Moulson was Epsom Grand Stand Association Ltd. The decision in Pittalis was not to be followed.
Leggatt LJ: "[W]e must test the question whether property demised by a superior tenancy constitutes "premises" by asking whether it is a dwelling house within the extended meaning indicated by this court in the Epsom Grandstand case… and thereafter perpetuated in the cases to which we have referred, albeit reinforced by statute from time to time in the form of the provisos."
Rent Act 1997 137(3)
1 Cites

1 Citers

[ Bailii ]

 
 Greenalls Management Limited v Canavan; CA 30-Jul-1997 - Times, 20 August 1997; [1997] EWCA Civ 2240; [1998] EuLR 507

 
 Bruton v London and Quadrant Housing Trust; CA 31-Jul-1997 - Times, 14 August 1997; [1997] EWCA Civ 2255
 
Chartered Trust Plc v Davies [1997] EWCA Civ 2256; [1997] 2 EGLR 83; [1997] 49 EG 135
31 Jul 1997
CA
Staughton, Henry LJJ
Landlord and Tenant, Nuisance

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 21
13 Aug 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 23
22 Sep 1997
LVT

Landlord and Tenant

[ Bailii ]
 
Living Waters Christian Centres Ltd v Henry George Fetherstonehaugh
26 Sep 1997
ComC
Colmore J
Arbitration, Landlord and Tenant
Rent review. Whether misconduct by reason of the admission of hearsay evidence and evidence not proved by affidavit in non-compliance with previous procedural directions. Circumstances in which evidence of comparable inadmissible as hearsay. Distinction between weight and admissibility.
1 Citers


 
London (1967 Act Decisions) [1997] EWLVT 24
29 Sep 1997
LVT

Landlord and Tenant

[ Bailii ]
 
Scott v Garland [1997] EWCA Civ 2387
2 Oct 1997
CA

Landlord and Tenant

1 Citers

[ Bailii ]
 
Martin John Ball v Bournemouth Churches Housing Association [1997] EWCA Civ 2394
2 Oct 1997
CA
Ward LJ, Peter Gibson LJ
Landlord and Tenant

[ Bailii ]
 
Olivia Patton Fiona Patton v Dr Wathib Al-Amood [1997] EWCA Civ 2396
2 Oct 1997
CA

Landlord and Tenant

[ Bailii ]
 
Di Luca v Juraise (Springs) Limited; Amess and Amess [1997] EWCA Civ 2419; [1998] 2 EGLR 125
6 Oct 1997
CA
Nourse LJ
Landlord and Tenant, Contract
In regard to options for the purchase of land, time constraints are of the essence. An option is not a contract but an irrevocable offer that matures into a bilateral contract upon due exercise of the option during the option term
1 Cites

[ Bailii ]
 
John Nethken Zionmor v Mayor and Burgesses of London Borough of Islington [1997] EWCA Civ 2460; (1997) 30 HLR 822
10 Oct 1997
CA
Pill LJ, Chadwick LJ
Landlord and Tenant
The council appealed a finding that the claimant, a secure tenant, had not surrendered his tenancy. He had sought to exercise his right to buy the property, but was said to have left the premises before the lease was completed. The property was vandalised, and he had left a note to say they he lived elsewhere. He said the note had been intended only to mislead the vandals. When visited, the windows were smashed, and all property removed. The council had the note and assumed a surrender. The council, having secured the flat and told him they had treated it as abandoned, nevertheless continued at first with the right to buy process, but then claimed the lease had been surrendered. Held: The council's appeal failed. The facts found did not support the contention that the lease had been surrendered. The note left by the tenant was addressed not to the council, but to the vandals. The landlord's acts were consistent with good management of its housing stock, and need not be explained only by a surrender. If there has been a relinquishment of possession by the tenant and an acceptance of that relinquishment by the landlord, consistent only with a cesser of the tenancy, in circumstances which render it inequitable for the tenant or the landlord to dispute that the tenancy has ceased, then subsequent acts by one party which suggest that that was not what that party intended, perhaps because he did not appreciate the effect of what he was doing, cannot be relevant.
Housing Act 1985 8138
1 Cites

1 Citers

[ Bailii ]

 
 Clydesdale Bank plc v Davidson and Others (Scotland) Clydesdale Bank plc v Davidson and Others; HL 16-Oct-1997 - Times, 20 December 1997; [1997] UKHL 55
 
Harrison and Another ex parte v Matthew Brown Plc [1997] EWCA Civ 2606
30 Oct 1997
CA

Landlord and Tenant

[ Bailii ]
 
Cyril Brown v Council of City of Gloucester [1997] EWCA Civ 2621
3 Nov 1997
CA

Landlord and Tenant
Construction of rent review clause.
[ Bailii ]
 
Kataria v Safeland Plc Gazette, 26 November 1997; Times, 03 December 1997; [1997] EWCA Civ 2639; [1998] 1 EGLR 39
4 Nov 1997
CA

Landlord and Tenant
A landlord retained the right to forfeit a lease for non-payment of rent even though had re-assigned the benefit of the arrears to the previous landlord on the purchase. A landlord may assign the right to receive the rent without assigning the reversion.
1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 25
6 Nov 1997
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]

 
 Stretch v West Dorset District Council; CA 10-Nov-1997 - Gazette, 03 December 1997; Times, 27 November 1997; [1997] EWCA Civ 2692; (1998) 77 P&CR 342
 
Northampton Borough Council v Robert Kelvin Lovatt and Margaret Rose Lovatt [1997] EWCA Civ 2693; [1997] EWCA Civ 2693
11 Nov 1997
CA
Lord Justice Henry, Lord Justice Pill, Lord Justice Chadwick
Local Government, Landlord and Tenant, Housing
The local authority had obtained a possession order against the defendant tenants because of the behaviour of the tenants' children as 'conduct which is a nuisance or annoyance to neighbours' The question on appeal was whether behaviour which related to properties more than 100 metres away from the house fell within the scope of the section. Held: Under Simmonds the parents were responsible for the acts of their children. The acts had not however occurred on the premises subject to the order. By a majority, the acts need not occur on the premises.
Housing Act 1985 84(1) Schedule 2
1 Cites

[ Bailii ]
 
Graham Daniels v Thomas Kellythorn [1997] EWCA Civ 2690
11 Nov 1997
CA

Landlord and Tenant
Application for an extension of time and for leave to appeal by the plaintiff.
[ Bailii ]

 
 Smith; Mclure; Smith v J C Plunkett and D J Todd; CA 13-Nov-1997 - [1997] EWCA Civ 2712

 
 Bishop and Handlerose Pension Fund v Hopkins and Reynolds and Taylors Accountanrs; CA 14-Nov-1997 - [1997] EWCA Civ 2717
 
Firstcity Insurance Group Limited and Firstcity Insurance Brokers Limited v Frizzell Group Limited [1997] EWCA Civ 2719
14 Nov 1997
CA
Butler-Sloss, Morrit, Ward LJJ
Landlord and Tenant, Contract

[ Bailii ]

 
 Parkins v City of Westminster; CA 20-Nov-1997 - [1997] EWCA Civ 2775; [1998] 1 EGLR 22

 
 Railtrack Plc v Gojra and Gojra; CA 28-Nov-1997 - [1997] EWCA Civ 2863; [1998] 1 EGLR 63
 
Sabella Limited v Montgomery; Harron; Montgomery and Trendtown Limited Times, 15 December 1997; [1997] EWCA Civ 2881
2 Dec 1997
CA

Landlord and Tenant
A failure to include the warning notice in a notice to quit in the statutory form was fatal to the entire procedure.
Landlord and Tenant Act 1954
[ Bailii ]

 
 Tariq v Malik; CA 2-Dec-1997 - [1997] EWCA Civ 2873

 
 Crewe Services and Investment Corporation v Silk; CA 2-Dec-1997 - Times, 02 January 1998; [1997] EWCA Civ 2872; [1998] 35 EG 81
 
London (1967 Act Decisions) [1997] EWLVT 26
4 Dec 1997
LVT

Landlord and Tenant

[ Bailii ]

 
 Bell and others v General Accident Fire and Life Assurance Corporation Ltd; CA 11-Dec-1997 - [1997] EWCA Civ 2962; [1997] EG 174; [1998] 1 EGLR 69; [1998] 17 EG 144; [1998] L & TR 1
 
Kit Yeng Tan and Phaik Tan v Julian Sitkowski [1997] EWCA Civ 2963
11 Dec 1997
CA

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [1997] EWLVT 27
16 Dec 1997
LVT

Landlord and Tenant

[ Bailii ]
 
Adami v Lincoln Grange Management Limited Times, 22 December 1997; Gazette, 21 January 1998; [1997] EWCA Civ 3018
17 Dec 1997
CA
Butler-Sloss LJ, Hutchison LJ, Vinelott LJ
Landlord and Tenant
The plaintiff was a tenant of an apartment in a block. He appealed a ruling that there was no term implied into his lease imposing on the landlord a duty to maintain the structure of the building. The lease contained service charge provisions, and permission for the landlord to enter to carry out repairs to the structure, but no express duty to do so save from the proceeds of an insurance claim. Held: The tenant's appeal failed. In a long lease at a low rent, with provisions for maintenance, there was no implied duty upon the landlord to maintain the structures which had been let.
1 Cites

[ Bailii ]
 
Brown v Gloucester City Council Times, 20 December 1997
20 Dec 1997
CA

Landlord and Tenant
The term of a lease is not normally itself considered to be a contractual term of the lease, but it must still be construed to give effect to the intentions of parties.

 
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