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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: 2002 To: 2002

This page lists 164 cases, and was prepared on 02 April 2018.

 
Rosen v Trustees of Campden Charities [2002] Ch 69
2002


Landlord and Tenant
Works of improvement must be taken to have been carried out by the tenant in return for the grant of the tenancy at a reduced rent and without a premium, in other words at the expense of the landlord.


 
 Panton v St Mary's Estates Ltd; 2002 - [2002] Legal Action, Aug 2002, 28

 
 St Ermins Property Company Limited v Tingay; ChD 2002 - [2002] EWHC Ch 1673; [2002] 3 EGLR 53
 
Midland (1967 Act Decisions) [2002] EWLVT 198
3 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 101
8 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Royal Borough of Kensington and Chelsea v Khan and Another [2002] EWCA Civ 279
16 Jan 2002
CA
Judge, Latham, Arden LJJ
Limitation, Landlord and Tenant, Housing

Housing Act 1957 9(1A)
1 Cites

[ Bailii ]
 
Ambrose v Kaye [2002] EWCA Civ 91
17 Jan 2002
CA

Landlord and Tenant

Landlord & Tenant Act 1954 Part II
[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 102
18 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 107
21 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 106
21 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 105
21 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 103
21 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 104
21 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Tabor Properties Ltd v Siddique [2002] EWCA Civ 63
24 Jan 2002
CA

Landlord and Tenant
Application by tenant for leave to appeal against order for possession in favour of the landlord after significant breaches of covenant - leave refused.
[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 109
24 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 110
25 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 113
30 Jan 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Plummer v Tibsco Ltd and Another [2002] EWCA Civ 102
31 Jan 2002
CA
Aldous LJ, Robert Walker Lj, Keene LJ
Landlord and Tenant

1 Cites

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 112
5 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 111
5 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 114
12 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 115
12 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 116
15 Feb 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 117
18 Feb 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
London (1967 Act Decisions) EWLVT 117 [2002] EWLVT 117
18 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
O'Connor and Others v Old Etonians Housing Association Ltd Times, 06 March 2002; Gazette, 21 March 2002; [2002] EWCA Civ 150
20 Feb 2002
CA
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Waller and Lord Justice Buxton
Landlord and Tenant, Housing
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon them a duty to repair only, and not an obligation to ensure that the pipes were physically or mechanically capable of supplying water. Held: There was a distinction between the duty to keep in repair, and the duty to keep in proper working order. It was not in proper working order if, through a defect in construction or design, it was not supplying what it should. The landlord was not under an obligation to provide s supply which could survive any changes in circumstances, but he did have a duty to maintain a system which could reasonably cope with any changes in the supply which might be expected. "an installation will be in proper working order if it is able to function under those conditions of supply that it is reasonable to anticipate will prevail."
Landlord and Tenant Act 1985 11(1)(b)
1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 108
25 Feb 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Aubergine Enterprises Limited v Lakewood International Limited Gazette, 11 April 2002; [2002] EWCA Civ 177; [2002] 1 WLR 2149
26 Feb 2002
CA
Lord Justice Auld, Lord Justice Ward, And, Lord Justice Robert Walker
Contract, Landlord and Tenant, Land
A sought confirmation that it had successfully rescinded a contract for the purchase of a leasehold property from L. Either party was to be able to rescind, if consent to the assignment had not obtained before three days before completion. There appeared to be confusion as to whether consent had been indicated between the solicitors. Held: Words in a letter 'subject to licence' had different effect where there was an existing legal relationship between the parties. The consent had been given sufficiently to comply with the contract, even though informal and conditional. The seller was not in breach, and the buyer was not free to rescind.
1 Cites

1 Citers

[ Bailii ]
 
McGowan and Gibbons v Jewell Gazette, 14 March 2002; [2002] EWCA Civ 145
28 Feb 2002
CA
Lord Justice Mance, And, Mr. Justice Park
Agriculture, Landlord and Tenant
The tenant took farm premises subject to a lease allowing its use for farming purposes only. It prevented its use as a market garden, which would have allowed compensation to be claimed on its termination. He had come to operate several activities from the farm. The landlords claimed that the new activities were in breach of the tenancy agreement. Held: The tenancy, not the 1948 Act, defined the uses permitted by the lease. The proposed activities of a farm shop and educational visits were not agricultural purposes within the meaning of the tenancy agreement.
Agricultural Holdings Act 1948 - Agricultural Holdings Act 1986
1 Cites

[ Bailii ]
 
Southall Properties Ltd v Marya [2002] EWCA Civ 326
1 Mar 2002
CA

Landlord and Tenant

1 Cites

[ Bailii ]
 
First Property Growth Partnership LP v Royal and Sun Alliance Property Services Ltd Gazette, 21 March 2002
8 Mar 2002
ChD
Mr Justice Rimer
Landlord and Tenant
The lease contained rent review provisions which required the landlord's notice invoking the review to be issued within a certain period. The tenant claimed that the notice was issued out of time. The landlord contended that the words of the lease, strictly interpreted allowed the particular notice. Held: The tenants were correct. The modern approach is to interpret leases in such a way as no longer to 'confuse the meaning of words with the question of what meaning the use of the words was intended to convey' The words 'but not at any other time' implied a defined period, already been identified as the period within which any notice had to be given. These words made time of the essence.
1 Cites

1 Citers


 
Palmeira Square Nos 2-6 Ltd v Van Hoogstraten [2002] EWCA Civ 417
13 Mar 2002
CA
Gibson LJ,
Landlord and Tenant, Costs

Supreme Court Act 1981 51 - Landlord and Tenant Act 1987 5
[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 118
15 Mar 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 119
22 Mar 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Surrey County Council v Single Horse Properties Ltd Times, 12 April 2002; Gazette, 10 May 2002; [2002] EWCA Civ 367; [2002] 14 EG 126
26 Mar 2002
CA
Lord Justice Potter, Lady Justice Arden and Sir Denis Henry
Landlord and Tenant
The tenant had received the landlord's notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for rent for the period after the expiry of the contractual tenancy when the tenancy was extended by the Act. Held: Section 64(1)(c) would continue the tenancy automatically, but only where the tenant had applied to court. The tenant having vacated the premises, the there was no occupation upon which to found an extended tenancy. It might be practical for tenants having served a notice but then deciding not to apply to court, to notify the landlord of their intention to let the tenancy expire.
Landlord and Tenant Act 1954 25(1) 64(1)
1 Cites

[ Bailii ]
 
Long v Southwark London Borough Council Gazette, 10 May 2002
27 Mar 2002
CA
Ward, Chadwick and Arden LJJ
Housing, Landlord and Tenant
The claimant was a tenant of the flat and the respondents were landlords. She claimed damages for breach of the landlord's covenant to take reasonable steps to keep the common parts clear. The authority argued that its appointment and payment of independent contractors to do the work satisfied that duty. Held: The appointment itself was not sufficient discharge of the duty. There was no adequate system for monitoring the performance of the covenant by the contractors.

 
Midland (1967 Act Decisions) [2002] EWLVT 120
29 Mar 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Smith and Another v Hughes and Another [2002] EWCA Civ 531
10 Apr 2002
CA
Buxton LJ
Landlord and Tenant
Application for leave to appeal
[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 123
11 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 122
11 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 121
11 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Jones v Twinsectra Ltd [2002] EWCA Civ 668
16 Apr 2002
CA

Landlord and Tenant, Costs

Landlord and Tenant Act 1987 - Leasehold Reform Act 1967
[ Bailii ]
 
Barclays Bank Plc v Savile Estates Ltd [2002] EWCA Civ 589
19 Apr 2002
CA

Landlord and Tenant
Failure to apply rent review clause.
[ Bailii ]
 
Oxley Plumbers Merchants v Ian Kerry Davies - SBG Felt Roofing [2002] EWCA Civ 540
24 Apr 2002
CA
Mr Justice Carnwath
Personal Injury, Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 130
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 124
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 125
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 126
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 127
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 129
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 131
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 132
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 133
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) 128 [2002] EWLVT 128
25 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 136
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
J Murphy and Sons Ltd v Railtrack Plc [2202] 2 EGLR 48; [2002] 19 EG 148; [2002] EWCA Civ 679
29 Apr 2002
CA
Lord Justice Peter Gibson Lord Justice Judge Lord Justice May
Landlord and Tenant
A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be disregarded. Held: The absence of rights of access rights could not be disregarded, and the land was to be valued without them.
Landlord and Tenant Act 1954
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 135
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 137
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 138
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 139
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 141
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 142
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 143
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 140
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 134
29 Apr 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Blunden v Frogmore Investments Ltd [2002] EWCA Civ 573; [2002] 2 EGLR 29; [2002] PL SCS 112
30 Apr 2002
CA
Lord Justice Schiemann Lord Justice Robert Walker And Lord Justice Carnwath
Landlord and Tenant
The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that the property was not fit for occupation. The tenant said he had not been served with the notice, not having actually received or seen any of the notices. Held: Hard as it may be the landlord had complied with the statutory requirements, and those in the lease. Notice is not the same as knowledge. The notices served by post were effective. A notice attached to the outside of a building from which the tenant had been excluded might not be adequate. The words of the statute were clear and simple, and should not be complicated. Though in occasional cases this might lead to unfair advantage, the statute must be applied.
Law of Property Act 1925 196 - Interpretation Act 1978 7 - Landlord and Tenant Act 1927 23(1)
1 Cites

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 144
1 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
PA (Pension) Ltd v Kempster and Another [2002] EWCA Civ 640
1 May 2002
CA

Landlord and Tenant
Appeal against possession order
[ Bailii ]
 
Daejan Properties Ltd v Bellringer Investments Ltd [2002] EWCA Civ 663
1 May 2002
CA
Tuckey LJ
Landlord and Tenant
Renewed application for leave to appeal against a finding that a notice served under the 1993 Act was invalid and ineffective.
Leasehold Reform, Housing and Urban Development Act 1993 42
[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 145
2 May 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Lysongo v Railtrack Plc [2002] EWCA Civ 808
2 May 2002
CA

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 237
3 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 148
3 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 147
3 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 149
3 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 150
7 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 151
7 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Akram v Adam [2002] EWCA Civ 812
9 May 2002
CA
Kennedy, Jackson LJJ
Landlord and Tenant
Application for leave to appeal against possession order and for stay of execution. Granted.
Rent Act 1977 98
1 Citers

[ Bailii ]
 
Pumperninks of Piccadilly Ltd v Land Securities Plc and others Times, 30 May 2002; Gazette, 13 June 2002; [2002] EWCA Civ 621; [2002] 21 EG 142
10 May 2002
CA
Lord Justice Simon Brown, Lord Justice Chadwick and Mr Justice Charles
Landlord and Tenant
The tenant sought a renewed tenancy under the Act, and the landlord opposed it saying that the property was to be redeveloped. The tenant contended that since his was an 'eggshell' tenancy, having a tenancy of surfaces within the property and not any part of the structure of the building, his tenancy could not be required for the redevelopment. Held: Following Heath, the test was what degree of access was reasonably required for the landlord to carry out the intended works. In this case, the works could not be carried out without obtaining possession in the sense of putting an end to the tenant's legal right to possession under the new tenancy.
Landlord and Tenant Act 1954 30(1)(f)
1 Cites

[ Bailii ]
 
WX Investments Ltd v Begg Times, 06 June 2002; Gazette, 06 June 2002; Gazette, 13 June 2002
13 May 2002
ChD
Mr Justice Patten
Landlord and Tenant
The tenant served by recorded delivery a counter-notice. On the day it was first delivered, nobody was available to sign for it. The landlord claimed it was out of date. Held: The statutory fiction was just that. A letter was deemed to be served on the it would have been served in the normal course of events. Delay caused by the recipient being unavailable to sign for it did not affect the date on which it was deemed to be delivered.
Law of Property Act 1925 196(4)

 
Boyle and Others v Hallstate Ltd and Another [2002] EWHC 972 (Ch)
13 May 2002
ChD
Rimer J
Landlord and Tenant
Appeal against order confirming the validity of the tenants' notice under section 17.
Landlord and Tenant Act 1987 17
[ Bailii ]
 
Wellcome Trust Ltd v Bellhurst Ltd [2002] EWCA Civ 790
16 May 2002
CA

Landlord and Tenant
The landlord sought a declaration as to the invalidity of a s42 notice.
Leasehold Reform, Housing and Urban Development Act 1993 42
[ Bailii ]
 
Homebase Ltd and Another v Allied Dunbar Assurance Plc Gazette, 13 June 2002; [2002] EWCA Civ 666
17 May 2002
CA
Lords Justice Simon Brown, Chadwick and Hale
Landlord and Tenant
The tenant held land under a lease restricting the terms of any underletting. It wanted to sublet part, but could find no tenant who would take the terms. It sought to let the property in a sub-lease which complied formally with the head-lease but was accompanied by a side letter giving better terms personal to the tenant. The landlord objected. The tenant claimed damages fro failing to give consent, and now appealed an order dismissing its claim for damages. Held: The landlord was within its rights to refuse the consent. The two documents had to be read together (AGG Securities). When this was done, the proposed underlease did not met the requirements. The fact that the arrangement was personal to this tenant made no difference. The rights of the tenant to a new underlease created risks for the landlord which he was entitled to take into account.
Landlord and Tenant Act 1988
1 Cites

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 152
21 May 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Naidu v Yenula Properties Ltd Gazette, 04 July 2002; [2002] EWCA Civ 719
23 May 2002
CA
Lord Justice Robert Walker Lord Justice Rix And Lady Justice Arden
Landlord and Tenant, Legal Professions
This was a second appeal, this time by a former tenant and was as to whether a tenancy was a shorthold tenancy or otherwise. The judge had found that the tenancy commenced in 1995, and no notice of shorthold tenancy having been given, it was an assured tenancy. The case was appealed to the High Court. At a late stage disputes emerged as to the sequence of events and as to adequacy of service of notices. The appeal judge had criticised the judge's findings. A notice from the tenant could be served on the landlord's agent, but a landlord's notice had to be served on the tenant, and not his agent. That rule was not strict, but there is no rule that a lawyer had implied authority to accept such notices. In the absence of such express authority, the notice was invalid, and the tenancy was an assured tenancy.
Housing Act 1988 - Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988 (S1 1988 no.2203)
1 Cites

[ Bailii ]
 
Northern (1967 Act Decisions) [2002] EWLVT 153
24 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Ward v Rowland and Another [2002] EWCA Civ 1105
27 May 2002
CA

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 155
31 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 154
31 May 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Daejan Properties Ltd and Another v Di Palma and Another [2002] EWCA Civ 963
18 Jun 2002
CA
Brooke LJ, Collins J
Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 158
18 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 157
18 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 156
18 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 159
19 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 161
19 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 160
19 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Molyneux v Liverpool City Council [2002] EWCA Civ 938
20 Jun 2002
CA

Landlord and Tenant
The claimant sought to make the council landlord responsible for thefts from his flat when he was forced to abandon it after a fire. Held: Leave to appeal was refused. The case had no basis in law.
[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 163
24 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 162
24 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 164
25 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 165
25 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 166
26 Jun 2002
LVT

Landlord and Tenant

[ Bailii ]

 
 Gil v Baygreen Properties Ltd; CA 5-Jul-2002 - Times, 17 July 2002; Gazette, 05 September 2002; [2002] EWCA Civ 1340; [2002] 49 EG 126; [2002] EGLR 42
 
Khokher v Arundel Corporation [2002] EWCA Civ 1221
11 Jul 2002
CA

Landlord and Tenant

1 Cites

1 Citers

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 167
16 Jul 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Yenula Properties Ltd v Naidu Times, 29 August 2002
18 Jul 2002
ChD
Lloyd J
Landlord and Tenant, Housing, Civil Procedure Rules
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personall?. Here the notice had been served on the proposed tenant's solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant's solicitors was adequate. Proceedings had been commenced anticipating no dispute as to fact. Once it became clear that there was such a dispute, the court should have expressly stated that it was to be treated as if it had never been allocated to fast track, and that it should accordingly proceed as a multi-track case, and an appeal would be to the High Court and not to the Court of Appeal.
Housing Act 1988 20 - Civil Procedure Rules Part 8 - Access to Justice Act 1999 (Destination of Appeals) Order 2000 (2000 No 1071) 4
1 Cites


 
Rock Garden Ltd v Covent Garden Market LP Times, 03 October 2002
24 Jul 2002
ChD
Neuberger J
Landlord and Tenant
The tenant had been granted a lease, but without any right of access over neighbouring property. The landlord covenanted to use its best endeavours to obtain a right over adjoining property, but then relet it without reserving a right of access. Held: The landlord being in breach, the tenant had an arguable case that he would be entitled to exercise access over the landlord's own adjoining property without his consent. This went beyond the mere terms of the lease. The balance of convenience favoured the claimant, and an interim injunction in his favour was granted.

 
Britel Corporation NV v First Penthouse Ltd [2002] EWHC 1763 (QB).
25 Jul 2002
QBD
HH Judge Seymour QC
Landlord and Tenant
The court refused to continue interim injunctions under a development agreement.
1 Cites

1 Citers



 
 London (1967 Act Decisions); LVT 30-Jul-2002 - [2002] EWLVT 146
 
Britel Corporation Nv and Another v First Penthhouse Ltd and others [2002] EWCA Civ 1350
7 Aug 2002
CA
Jonathan Parker LJ, Chadwick LJ
Litigation Practice, Landlord and Tenant
Application for permission against judge's refusal to continue interim injunctions. Held: Leave was refused.
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 169
13 Aug 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 168
13 Aug 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 170
22 Aug 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others [2002] EWCA Civ 1288
28 Aug 2002
CA
Peter Gibson LJ
Landlord and Tenant
Renewed application for leave to appeal against grant of an order that tenancy of car parking spaces be extended under the 1954 Act when enjoyed with occupation of public house. Held: The appeal was arguable and should proceed.
Landlord and Tenant Act 1954 24
1 Cites

[ Bailii ]
 
Ronnie - Midland Rent Assessment Panel [2002] EWLVT 185
4 Sep 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967 21
[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 171
4 Sep 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Gibbons (A Firm) v Pickard [2002] EWCA Civ 1357
5 Sep 2002
CA
Peter Gibson LJ, Tuckey LJ
Landlord and Tenant, Agriculture
The claimants sought possession of land. The defendant tenants claimed to have security under an agricultural tenancy.
[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 172
11 Sep 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 175
24 Sep 2002
LVT

Landlord and Tenant

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Midland (1967 Act Decisions) [2002] EWLVT 173
24 Sep 2002
LVT

Landlord and Tenant

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Midland (1967 Act Decisions) [2002] EWLVT 174
24 Sep 2002
LVT

Landlord and Tenant

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London (1967 Act Decisions) [2002] EWLVT 176
3 Oct 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
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St Mary's Mansions Ltd v Limegate Investment Co Ltd, Sarruf and others Gazette, 24 October 2002; Gazette, 07 November 2002; Times, 13 November 2002; [2002] EWCA Civ 1492
11 Oct 2002
CA
Lords Justice Ward, Mummery and Jonathan Parker
Landlord and Tenant, Costs
The tenants under long leases, paid a service charge. The Landlord kept the excess in a reserve fund, though no proper mechanism existed for this in the lease. The tenants requested its repayment, claiming that under the 1987 Act, the fund was held in trust. The landlord sought to use the fund to pay its legal expenses. Held: It was wrong to hold money paid for one purpose, for another unspecified purpose, and the excess was to be repaid. The landlord was not able to charge his legal expenses to the fund.
Landlord and Tenant Act 1987 42
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Midland (1967 Act Decisions) [2002] EWLVT 177
14 Oct 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 179
16 Oct 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Villatte v 38 Cleveland Square Management Ltd [2002] EWCA Civ 1549
16 Oct 2002
CA

Landlord and Tenant
Appeal against decision of the Land Tribunal on service charge.
1 Citers

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Villatte v 38 Cleveland Square Management Ltd [2002] EWCA Civ 1705
16 Oct 2002
CA

Landlord and Tenant

1 Cites

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Midland (1967 Act Decisions) [2002] EWLVT 178
16 Oct 2002
LVT

Landlord and Tenant

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Trafford Metropolitan Borough Council v Total Fitness UK Ltd Gazette, 07 November 2002; [2002] EWCA Civ 1513
18 Oct 2002
CA
Lords Justice Mummery and Jonathan Parker
Landlord and Tenant
The landlord served a notice to quit. It gave a date calculated by reference to the notice period, but then stated the date on which it expired. Under the rule in Lester, the notice period only began on the day after service, and that resulted in a different date for termination. The landlord appealed a decision that it was ineffective as ambiguous. Held: The court had to find the true meaning of the notice, which would in turn carry the meaning which a reasonable reader would apply. Here the length of notice was greater than required, and by stating the date, the notice had been clear and effective. The rule in Lester did not apply, but would have done if only the minimum had been given, or if there had been an unqualified reference to the time period.
1 Cites

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London (1967 Act Decisions) [2002] EWLVT 180
23 Oct 2002
LVT

Landlord and Tenant

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Sumeghovo v McMahon Times, 06 November 2002; Gazette, 14 November 2002
24 Oct 2002
CA
Chadwick, Longmore LLJ
Landlord and Tenant
The appellant had been convicted of unlawfully evicting the respondent. He said that because he slept at the house, he shared the accommodation and so the tenancy was excluded from protection. Held: Though he had other accommodation, the landlord did sleep at the house, with a sitting room. Where a person slept was a substantial element in deciding what was his main residence. It could not be disregarded, even if it might be temporary.
Protection from Eviction Act 1997 3A(2)

 
Sumeghova v McMahon [2002] EWCA Civ 1581
24 Oct 2002
CA
Chadwick, Longmore LJJ
Landlord and Tenant
The question was whether the tenancy agreement was excluded from protection under the 1997 Act. The landlord had occupied rooms in one house, but then sought to occupy the premises let until his children left the other property. His occupation had continued for some ten years: " It seems to me that a place where a person sleeps is of the most enormous importance in determining whether that is his only or principal home. Circumstances might arise where that might not be decisive, but on any view it is a matter which is going to influence a court very considerably. " On the facts, the recorder could only properly have found that the property was the landlord's 'only or principal' residence.
Protection from Eviction Act 1997 3A(2)
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Midland (1967 Act Decisions) [2002] EWLVT 181
28 Oct 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 182
30 Oct 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Ghaidan v Godin-Mendoza [2003] 2 WLR 1533; Times, 14 November 2002; Gazette, 09 January 2003; [2002] EWCA Civ 1533; [2003] Ch 380
5 Nov 2002
CA
Kennedy, Buxton, Keene LJJ
Discrimination, Landlord and Tenant, Human Rights, Housing
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family. Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning of an article of the Convention, in the same way as it is bound by such a decision as to the meaning of purely domestic law. The Convention must be construed as a living instrument. The decision in Fitzpatrick should be revisited. Sexual orientation is now clearly recognised as an impermissible ground of discrimination. Such discrimination need not be analysed as a form of sex discrimination, but rather more generally, following Salgueiro. Paragraph 2 clearly infringed the Convention. It is the duty of the courts to protect minorities.
Buxton LJ held that: "But I have no hesitation in saying that issues of discrimination, which it is conceded we are concerned with in this case, do have high constitutional importance, and are issues that the courts should not shrink from. In such cases, deference has only a minor role to play."
Rent Act 1977 Sch 1 Para 2 - European Convention on Human Rights Art 12 Art 14
1 Cites

1 Citers

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Akram v Adam Times, 19 November 2002; Gazette, 16 January 2003
6 Nov 2002
CA
Chadwick LJ, Sir Denis Henry
Landlord and Tenant
The tenant appealed against an order requiring him to allow access to the landlord to carry out works in order to provide alternative accommodation. Held: The order was invalid. Where the tenant was secure, and opposed the access, the power to make such an order required that the works proposed were supported by a statutory grant. The landlord had made no application for such a grant, and the order was not available to him.
Rent Act 1977 116(3)
1 Cites


 
London [2002] EWLVT 183
6 Nov 2002
LVT

Landlord and Tenant

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Regina (Lester) v London Rent Assessment Committee Times, 25 November 2002; Gazette, 09 January 2003
7 Nov 2002
QBD
Sir Richard Tucker
Landlord and Tenant, Housing
The tenant sought to request the Committee to fix his rent. He sent the application, but it was not received before it came into effect. He appealed a rejection of his claim as out of time. Held: The regulation required the rent to be referred to the committee before the new rent came into effect. That required the notice to be received in time. A reference to the committee could not be construed to include the sending of the notice.
Housing Act 1988 13(4)
1 Citers


 
Brennan v Kettell and others [2002] EWCA Civ 1700
12 Nov 2002
CA

Landlord and Tenant

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Midland (1967 Act Decisions) [2002] EWLVT 186
14 Nov 2002
LVT

Landlord and Tenant

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Taylor v Blaquiere Times, 21 November 2002; Gazette, 23 January 2003; [2002] EWCA Civ 1633; [2003] 1 EGLR 52
14 Nov 2002
CA
Aldous, Tuckey, Longmore, LJJ
Landlord and Tenant
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair. Held: The appointment of the manager was to fulfil duties given to him by the court, and he did not stand in the shoes of the landlord. There was no right of set-off available against his claim.
Landord and Tenant Act 1987 24(1)
1 Cites

1 Citers

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Midland [2002] EWLVT 187
19 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland [2002] EWLVT 190
19 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 189
19 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London [2002] EWLVT 188
19 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 193
20 Nov 2002
LVT

Landlord and Tenant

Leasehold Reform Act 1967
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Williams, Williams v Kiley T/A CK Supermarkets Limited Times, 05 December 2002; Gazette, 30 January 2003; [2002] EWCA Civ 1645
21 Nov 2002
CA
Simon Brown, Buxton, Carnwath LJJ
Landlord and Tenant, Commercial
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The tenants were obliged to carry on particular trades, and were protected against competition from others wanting to pursue the same trade. There was no provision to allow the local authority landlord to vary these provisions, and together these established a scheme directly enforceable between the tenants. Restrictions on trade between more than two parties required notification to the competition authorities. The issue of whether mutual enforceability of restrictive covenants within shopping parades required registration remained to be addressed.
Law of Property Act 1925 84(12) - Restrictive Trade Practices Act 1976 - Competition Act 1998 2(4) Sch 13
1 Cites

1 Citers

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Stonebridge Housing Action Trust v Gabbidon [2002] EWHC 2091 (Ch)
21 Nov 2002
ChD
Lloyd J
Landlord and Tenant
The landlord appealed against the further suspension of a possession order made on the grounds of arrears of rent and nuisance. The tenant was said to have used the premises for an illegal purpose.
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Stonebridge Housing Action Trust v Gabbidon and Another Times, 13 December 2002
21 Nov 2002
ChD
Lloyd J
Landlord and Tenant, Housing
The landlord sought possession of a flat on the grounds that there were arrears of rent, and that one of the tenants had used it for the sale of drugs. It now appealed a suspension of the order, saying that the unlawful user meant that suspension should be allowed only in exceptional circumstances. Held: The Mousah case did establish that possession should be granted, but it had not decided whether a stay could be granted. Lloyd J. did "not accept that the drug incidents were conclusive factors which required [the judge] to reject the tenant's application whatever might be the other relevant circumstances." It was necessary to examine with care the facts of the individual case. The offending tenant had left, and the judge was not compelled to make the order immediate. The judge had correctly addressed the three elements of the existence of grounds, the reasonableness of the order, and whether his discretion to suspend should be exercised. His decision was not to be interfered with.
Lloyd J said: "albeit that the observations of the Court of Appeal in City of Bristol v. Mousah are cogent, they do not by themselves compel the conclusion that when the court is addressing the question ["as to whether it should exercise its wide discretion under s.85 of the 1985 Act to suspend a possession order or to stay execution"] it can come to only one possible answer in a case where incidents [of the kind in the present case] – which are to some extent comparable with those that were issues in the Mousah case – have been proved".
Housing Act 1985 85
1 Cites

1 Citers


 
Midland [2002] EWLVT 191
25 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland [2002] EWLVT 192
26 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 194
26 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
First Property Growth Partnership Lp v Royal and Sun Alliance Property Services Limited [2002] EWCA Civ 1687
27 Nov 2002
CA
Lord Justice Mummery Lord Justice May Lord Justice Judge <
Landlord and Tenant

1 Cites

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Northern (1967 Act Decisions) [2002] EWLVT 184
27 Nov 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Pennycook v Shaws (EAL) Ltd Times, 09 December 2002; Gazette, 19 December 2002; [2003] 45 EG 176; [2002] EWHC 2769 (Ch)
28 Nov 2002
ChD
Pumfrey J
Landlord and Tenant
The landlord served a notice to terminate the tenancy. By mistake the tenant's solicitors served a counter-notice that their client did not wish to renew. Realising their mistake, they served a second counter-notice, purporting to revoke the first. The second notice was still within the two-month limit from the landlords section 25 notice. They now appealed an order that the first notice stood. Held: The judge had not properly considered the circumstances. Where the landlord had not acted to his detriment on the tenant's first counter notice, a court was free to accept a second notice 'duly' given.
Landlord and Tenant Act 1954 Part II
1 Cites

1 Citers

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 Malekshad v Howard de Walden Estates Limited; HL 5-Dec-2002 - Times, 06 December 2002; [2002] UKHL 49; [2003] 1 AC 1013; [2002] 3 WLR 1881; [2003] 1 All ER 193; [2002] 50 EGCS 114; [2003] 1 EGLR 151; [2002] NPC 160; [2003] HLR 31; [2003] 1 P & CR DG18; [2003] L & TR 13
 
John Alun Davies v Lewis Wyn Davies [2002] EWCA Civ 1791
6 Dec 2002
CA
Lord Justice Ward, Sir Anthony Evans
Agriculture, Landlord and Tenant

Agricultural Holdings Act 1986 2
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Midland (1967 Act Decisions) [2002] EWLVT 195
13 Dec 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Smith v Spaul Times, 28 December 2002; [2002] EWCA Civ 1830
16 Dec 2002
CA
Kay, Arden LJJ
Landlord and Tenant, Land
The landlord sought to forfeit the lease for breach of a repairing covenant. The mortgagee had gone into possession, and having received the s146 notice, had served a counter-notice under the 1938 Act. The mortgagee having assigned the lease to the respondent, and the landlord seeking forfeiture, the respondent argued that the Landlord was obliged, following the counter-notice, first to seek the consent of the court. Held: The mortgagee's interest was less than that of the lessee, and he was not able to serve a counter-notice. Mortgagee's of leasehold properties must know of the risk, and ensure that the property was repaired by the tenant. Since the counter-notice was invalid, the landlord did not require permission from the court to forfeit the lease.
Law of Property Act 1925 146 - Leasehold Property (Repairs) Act 1938 1(3)
1 Cites

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Northern (1967 Act Decisions) [2002] EWLVT 197
17 Dec 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 196
17 Dec 2002
LVT

Landlord and Tenant

[ Bailii ]
 
Swindon Borough Council v Aston Gazette, 23 January 2003; [2002] EWCA Civ 1850; [2003] HLR 610
19 Dec 2002
CA
Schiemann and Jonathan Parker LJJ, Pumfrey J
Housing, Landlord and Tenant
The tenant had fallen into arrears, and a possession order had been made. Having cleared the arrears, the possession order fell, but the landlord purported to issue a new tenancy agreement, with no security of tenure. They now sought possession under the new tenancy agreement. The tenant appealed a finding that he no longer enjoyed the original secure tenancy. Held: After the original breach, the tenant had continued in occupation as a tolerated trespasser. However the continued occupation could not be referred to the tolerance of his occupation, and had to be characterized as a tenancy. All the arrears had been paid off so the order ceased to be enforceable. The later tenancy agreement could not alter that situation.
Housing Act 1985 85
1 Cites

1 Citers

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Abbahall Ltd v Smee Times, 28 December 2002; Gazette, 13 March 2003
19 Dec 2002
CA
Chadwick LJ, Munby J
Land, Landlord and Tenant
The parties were respective owners of interests in flying freehold flats. An order had been made allowing access to make repairs to the roof, and the claimant now appealed an order requiring it to pay a greater part of the costs because of the other owner's impecuniosity. Held: The roof served to protect both parties, and it was artificial to distinguish as to benefit, and in principle the burden should be shared equally. The respondent's duty was to make a contribution to the cost of repairs. Those responsibilities could not vary according to the relative financial positions of the owners from time to time. Appeal allowed.

 
Global Grange Ltd v Marazzi and Another [2002] EWHC 3010 (Ch)
20 Dec 2002
ChD
Park J
Landlord and Tenant

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