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Landlord and Tenant - From: 2003 To: 2003

This page lists 127 cases, and was prepared on 02 April 2018.

 
Proctor and Gamble Technical Centres Limited v Brixton Estates plc [2003] EWHC 285
2003


Landlord and Tenant

Landlord and tenant Act 1954
1 Cites


 
Landmaster Properties Limited v Thackeray Property Services Limited [2003] EWHC 959
2003

Cox J
Landlord and Tenant
The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held. Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed by fire. The landlord owned other shops in the immediate vicinity which were affected by what had become a derelict site which encouraged vandalism and caused nuisance and annoyance to neighbouring premises.
Leasehold Property (Repairs) Act 1938 - Law of Property Act 1925 146
1 Citers


 
Royal Bank of Canada v Secretary of State for Defence [2003] EWHC 1841 (Ch)
2003
ChD
Lewison J
Landlord and Tenant
The parties had disputed the interpretation of a lease. Held: Though a point of law had been at issue, the dispute should still have been mediated. The ADR pledge given by Government was something to which he ought to attach "great weight": "As I have said, however, the most important feature to my mind is the formal pledge given on behalf of the government and its various departments to use ADR in appropriate cases. The government did not abide by that pledge in this case. I am not in a position to form any real view of whether a mediation would or would not have succeeded. It may well have done, but in my judgment a failure to abide by the formal pledge given on the part of government, coupled with the fact that . . justifies a decision that the defendant should not recover any further costs from the claimant."
1 Citers


 
Latifi v Colherne Court Freehold Limited [2003] 1 EGLR 78
2003

Cooke J
Landlord and Tenant, Estoppel
Estoppel and waiver are open to the recipient of a notice (including a counter-notice) under 1993 Act, in the same way as they are open to the recipient of a notice (or indeed, a counter-notice) under Part II of the 1954 Act.
1 Citers


 
Mount Eden Ltd v Folia Ltd and Prohibition London Ltd [2003] EWHC 1815
2003
ChD
Mr Justice Peter Smith
Landlord and Tenant

1 Citers



 
 Orchard Court Residents' Association v St Anthony's Homes Ltd; CA 2003 - [2003] 2 EGLR 28
 
Midland (1967 Act Decisions) [2003] EWLVT 199
8 Jan 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 200
9 Jan 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Equinox Industrial (GP2) Limited, Equinox Industrial (Nominee) Limited v Sketchley Limited [2003] EWHC 2 (Ch)
10 Jan 2003
ChD
Mr Justice Lawrence Collins
Landlord and Tenant
The tenant sought to exercise a break clause following assignment and subsequent revesting of the original lease in it. In the relevant clause the tenant meant only Sketchley plc and not its successors in title or its assigns. The claimants submitted that the original lessee had two options. It could retain the benefit of the lease, and enjoy the special personal right conferred on it under the break clause, or it could realise the value of the lease by assigning it, but if it did so the special personal right would no longer be operable so that any price for the assignment would not reflect that right. It made little commercial sense that an arrangement should exist under which the original lessee could assign the lease but then hope or expect that it could still exercise the special right under the break clause if at some appropriate date in the future it re-acquired the lease. Held: The wording of the clause as a whole, and in particular the exclusion of successors in title and assigns, had the effect of making it clear that it was only the original lessee, as original lessee, which could exercise the break clause. This conclusion was supported by other clauses and confirmed by commercial common sense. To hold otherwise would lead to uncertainty and be unattractive to the landlord, especially if it intended to transfer the reversion. The uncertainty would also affect the purchaser.
1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 202
16 Jan 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 201
16 Jan 2003
LVT

Landlord and Tenant

[ Bailii ]
 
B Osborn and Co Ltd v Dior and others [2003] EWCA Civ 281
22 Jan 2003
CA
Arden LJ Simon Brown LJ
Housing, Landlord and Tenant
Notices were given which were incorrect. Held: The notices were upheld despite the errors.
Housing Act 1988 20 - Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1988
1 Cites

1 Citers

[ Bailii ]
 
Goldmile Properties Limited v Speiro Lechouritis [2003] 2 P & CR 1; [2003] EWCA Civ 49; Gazette, 03 April 2003
29 Jan 2003
CA
Lord Justice Sedley, Lord Justice Rix
Landlord and Tenant
The tenant claimed damages form his landlord for breach of the covenant for quiet enjoyment. The landlord was obliged to repair the building, and in his doing so the tenant suffered losses through interruptions. The question was whether the Landlord had to use all possible resources to avoid interruption of the tenant's business, or only make reasonable attempts to do so. Held: This particular covenant for quiet enjoyment was qualified. The covenant for quiet enjoyment is not a guarantee against all disturbance: it guarantees against disturbance only of that which is demised, and the demise includes the lessor’s obligation to use its reasonable endeavours to keep the building in repair. As to the interprtetation of conflicting words in a contract: "It is axiomatic that where the provisions of any contract, including a lease, come into conflict, they are to be interpreted and applied so as to give proper effect, if possible, to both of them." Appeal dismissed.
1 Cites

1 Citers

[ Bailii ]
 
Go West Ltd v Spigarolo and Another Times, 10 February 2003; [2003] EWCA Civ 17; [2003] 2 WLR 896; [2003] QB 1140
31 Jan 2003
CA
Pill, Potter LJJ, Munby J
Landlord and Tenant
The tenant applied for a licence to assign the lease under section 1. The landlord refused consent, but the parties continued to negotiate. The tenant argued that the landlord's continuation of negotiations showed the earlier counter-notice to have been an unreasonable refusal. Held: The letter of refusal brought to an end the landlord's response. By continuing negotiations after it had been served, he demonstrated that it had not been given in a reasonable time, which was the time reasonably required to do the things necessary under the Act. The scheme envisaged one notice from the tenant, and one notice from the landlord. The landlord had not unequivocally withdrawn his notice, and the landlord had acted unreasonably. Following the 1988 Act, the landlord is restricted to the reasons which he has given for refusing his consent.
Landlord and Tenant Act 1988 1
1 Cites

1 Citers

[ Bailii ]
 
Bentley and Skinner (Bond Street Jewellers) Limited v Searchmap Limited [2003] EWHC 1621
1 Feb 2003


Landlord and Tenant
The landlord had opposed the grant of a new tenancy saying that it intended to redevelop the property. The court accepted an undertking from the landlord to carry out the works, and in default to re-offer the premises to the tenant on acceptable terms.
Landlord and Tenant Act 1954

 
Midland (1967 Act Decisions) [2003] EWLVT 203
3 Feb 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Checkpoint Ltd v Strathclyde Pension Fund Times, 12 February 2003; [2003] EWCA Civ 84; [2003] 14 EG 124
6 Feb 2003
CA
Lord Justice Mummery, Lord Justice Ward, Lord Justice Jonathon Parker
Arbitration, Landlord and Tenant
The tenants sought to challenge the arbitrator's award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity under section 68(2). Held: The system of arbitration expected an arbitrator to rely to some extent upon his experience. It was difficult to formulate a test which could identify the point at which an arbitrator relying upon his experience should disclose this and invite comment from the parties. The suggested distinction between 'general expert knowledge' and 'knowledge of specific facts relevant to the particular case' was not always easy to apply. In this case it might be unfair for him to draw upon more than the level of knowledge which one might expect of someone asked to arbitrate in such a case. Here surprise or sympathy for the tenant could not support a finding of any serious procedural irregularity.
Ward LJ said that the court should "try to assess how the [applicant] would have conducted his case but for the procedural irregularity", and continued: "It is the denial of the fair hearing, to summarise procedural irregularity, which must be shown to have caused a substantial injustice. A technical irregularity may not. The failure to deal with a substantial issue probably will."
Arbitration Act 1996 68(2)
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 204
14 Feb 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Jacey Property Company Ltd v De Sousa and others [2003] EWCA Civ 510
28 Feb 2003
CA
Pill, Laws, Arden LJJ
Landlord and Tenant

1 Cites

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 206
3 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 207
3 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2003] EWLVT 205
3 Mar 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 208
3 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Vukelic v Hammersmith and Fulham [2003] EWHC 188 (TCC)
6 Mar 2003
TCC

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 49
6 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Zarvos v Pradhan and another Times, 04 April 2003; [2003] EWCA Civ 208; Gazette, 09 May 2003; [2003] 13 EG 114; [2003] 2 P & CR 122
7 Mar 2003
CA
Ward, Clarke, Longmore LJJ
Landlord and Tenant, Evidence
The landlord had occupied the premises as a restaurant, but subsequently let it to the respondents. The landlord opposed renewal of the tenancy saying that it intended to recommence trading, and now appealed a finding in favour of the tenant. Held: The landlord had failed to show a sufficiently strong case that his plans had financial viability. Evidence acquired later that a bank would loan the requisite amount was not admissible, since it might have been obtained in time for the trial. It was not necessary always for the court to consider the two limbs under 30(1)(f) sequentially.
Landlord and Tenant Act 1954 30(1)(g)
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 442
11 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Andy Coltrane v Janice Day Times, 15 April 2003; [2003] EWCA Civ 342; Gazette, 15 May 2003; [2003] 1 WLR 1379
14 Mar 2003
CA
Lord Justice Potter Lord Justice Tuckey Mr Justice Wall
Housing, Landlord and Tenant, Litigation Practice
In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears. Held: The past course of dealings between the parties showed that the landlord had previously accepted cheques, and now required the landlord to accept payment by cheque. Payment by means of a cheque was made on the day the cheque was presented, but conditional until honoured. There was no reason to treat possession proceedings under the 1988 Act differently. The district judge had a discretion to adjourn which he should have exercised. Appeal allowed.
Housing Act 1988 9(1) Schedule 2 Part 1
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 213
25 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 212
25 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 211
25 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 210
25 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 209
25 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2003] EWLVT 214
26 Mar 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 215
26 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 216
26 Mar 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2003] EWLVT 217
3 Apr 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Alamo Housing Co-operative Ltd v Meredith and others [2003] EWCA Civ 495; Times, 21 April 2003; Gazette, 12 June 2003
4 Apr 2003
CA
Lord Justice Mance Mr Justice Richards Lord Justice Schiemann
Landlord and Tenant, Housing
The local authority had let a row of houses to the claimant who then sublet the individual houses to the defendant tenants. The authority obtained possession under the head lease for redevelopment, but the tenants resisted giving possession, saying that at the time the possession proceedings had started, the claimant, its own lease having been terminated, no longer had any sufficient interest to found a claim for possession. Held: The terms of the lease anticipated that as the head tenant's lease was terminated it would itself recover possession from the sub tenants, and there existed therefore an implied licence in the head tenants to occupy the land sufficiently to exclude and seek possession from the defendants.
1 Cites

[ Bailii ]
 
JIS (1974) Ltd v MCP Investment Nominees I Ltd [2003] EWCA Civ 721; Gazette, 19 June 2003
9 Apr 2003
CA
Lord Justice Kennedy Lord Justice Buxton Lord Justice Carnwath
Landlord and Tenant
The parties agreed for a lease to be granted of a new building. Part had been intended to be excluded for shops, but permission was not obtained, the shops area was included and leased back. When the tenants sought to determine the lease, the landlord said that vacant possession of the whole was required. Held: The lease was to be construed according to its words. The words were clear. The shops area was excluded only for the purposes of the rent review. The break clause was not obvious nonsense on its face. The difficulty only became apparent when looked at against the background. As to the issue of rectification, that was not so clear that it could be resolved summarily.
1 Cites

1 Citers

[ Bailii ]
 
Arundel Corporation (an Overseas Company) v Mohammed Ramzan Khokher [2003] EWCA Civ 491
9 Apr 2003
CA
Lord Justice Mummery Lord Justice Keene
Landlord and Tenant, Civil Procedure Rules
In the course of an application under the Landlord and Tenant Act, the landlord sought to adduce on appeal evidence that the tenant and his solicitors had sought to deceive the court. Held: The application should not be heard in private since the balance was in favour of public justice. The evidence was sufficiently credible, and its effect would be sufficiently significant within the appeal to justify admission.
Landlord and Tenant Act 1988 1 - Civil Procedure Rules
1 Cites

1 Citers


 
Midland (1967 Act Decisions) [2003] EWLVT 218
14 Apr 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2003] EWLVT 219
14 Apr 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Collins v Howard De Walden Estates Limited [2003] EWCA Civ 545; Gazette, 09 May 2003
16 Apr 2003
CA
Lord Justice Aldous Lord Justice Dyson
Land, Landlord and Tenant
The tenant sought the right to purchase the freehold reversion. Her landlord resisted saying that the properties were excluded from enfranchisement being divided vertically. Held: The cases are fact dependent, and earlier precedents must be treated with caution after Malekshad. The words "which may reasonably be called a house" are words of limitation. The buildings in this case were not divided vertically in the manner contemplated by section 2(1)(b). Appeal dismissed
Leasehold Reform Act 1987 1 2(1)(b)
1 Cites

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 220
28 Apr 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 444
2 May 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd [2003] EWHC 1252 (Ch)
9 May 2003
ChD

Landlord and Tenant
The parties disputed whether a tenant's counter-notice had been served within the time limit applicable.
Landlord & Tenant Act 1954 29(2)
[ Bailii ]
 
Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd Times, 15 May 2003; Gazette, 03 July 2003; [2003] 21 EG 190
9 May 2003
ChD
Neuberger J
Landlord and Tenant
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord's notice had irrevocably been deemed to have been served and on the day it was posted. The tenant's notice was therefore out of time. Of the cases cited only Blunden was directly to the point.
Landlord and Tenant Act 1927 23 - Landlord and Tenant Act 1954 25 - Recorded Delivery Act 1962 1 - Interpretation Act 1978 7
1 Cites

1 Citers


 
Midland (1967 Act Decisions) [2002] EWLVT 222
10 May 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 221
10 May 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 223
10 May 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Northern (1967 Act Decisions) [2003] EWLVT 224
12 May 2003
LVT

Landlord and Tenant
Costs of purchase of freehold
[ Bailii ]
 
Gilje and Others v Charlegrove Securities Ltd [2003] EWHC 1284 (Ch); [2004] HLR 1; [2003] 3 EGLR 9; [2004] L and TR 3; [2004] 1 All ER 91; [2003] 36 EG 110
13 May 2003
ChD
Etherton J
Landlord and Tenant

Landlord and Tenant Act 1985 20B
[ Bailii ]
 
Aslam Mohammed Ali v Sarv Mitter Khosla and Pauline Khosla and others [2003] ScotCS 145
16 May 2003
IHCS
Lord Johnston and Lord Osborne and Lord Weir
Scotland, Landlord and Tenant

1 Cites

[ Bailii ] - [ ScotC ]
 
Ministry of Defence v Spencer and Another Times, 09 June 2003; Gazette, 17 July 2003
22 May 2003
CA
Lord Justice Auld, Lord Justice Waller and Lord Justice Mantell
Agriculture, Landlord and Tenant
The parties had varied the agricultural tenancy. A small parcel had been added, and the rent increased to reflect only that additional land. The tenant claimed that, under the Act, this operated to skip the next rent review. Held: The phrase "terms of the tenancy" was not a term of art, but was to be constrrued with its natural meaning. 'Any other variation of the terms of the tenancy' would include an extension of the holding to add land. Appeal dismissed.
Agricultural Holdings Act 1986 Sch2
1 Cites

1 Citers


 
Royal and Sun Alliance Insurance Group plc v Her Majesty's Commissioners of Customs and Excise Times, 26 May 2003; [2003] UKHL 29; [2003] 1 WLR 1387; [2003] 23 EGCS 134; [2003] STI 1013; [2003] STC 832; [2003] 2 All ER 1073; [2003] BTC 5285; [2003] BVC 341
22 May 2003
HL
Lord Steyn, Lord Woolf, Lord Hoffmann, Lord Clyde, Lord Walker of Gestingthorpe
VAT, Landlord and Tenant
The landlord had elected to waive exemption to charging VAT on its lettings. The tenant relet the demised premises, but at first without charging VAT. It later charged VAT on the sublease, but the commissioners objected to the attempt of the claimants under regulation 109 to reclaim the VAT it had itself paid before that change. Held: The grant of an interest in land was zero rated unless the Landlord elected to waive exemption. That exemption not having been chosen, the head landlord had charged VAT on its rents. Regulation 109 required an intention to use the inputs in order itself to make a supply of taxable sub-leases, and the change had to relate to specific goods or services. If the letting was seen as a single supply, then the change would be about the entire supply, and the tax payer would succeed. If the lease was a successive series of supplies, the change could only apply to the periods directly affected, and not any earlier period. The second way wa sthe apporach adopted by the regulations generally. The supply of an exempt service and of a non-exempt service should in any event be seen as separate supplies. (Woolf and Walker dissenting)
Value Added Tax Regulations 1995 (SI 1995/2518) 109 - Sixth Directive 17(1)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
S F Holdings Inc (A Company) v Eyre Estate Trustees [2003] EWLands LRA_33_2002
9 Jun 2003
LT

Landlord and Tenant
LEASEHOLD ENFRANCHISEMENT - price payable for freehold of house - unimproved value - comparable sale - market movement between valuation date of subject property and sale of comparable - Leasehold Reform Act 1967 section 9 - appeal dismissed
[ Bailii ]
 
Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd [2003] EWCA Civ 751; Gazette, 19 June 2003; Times, 09 July 2003
10 Jun 2003
CA
Lord Justice Clarke Lord Justice Jonathan Parker
Arbitration, Landlord and Tenant
The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party's expert. Held: Arbitrators should be give a wide margin of appreciation. Even if there had been an irregularity, the arbitrator had not gone so far wrong in coming to a conclusion was 'materially different' from a conclusion without the irregularity, as to allow any interference in his award.
Arbitration Act 1996 1(a) 33 68
1 Cites

1 Citers

[ Bailii ]
 
Sinclair Collis Ltd v Commissioners of Customs and Excise [2003] BVC 374; C-275/01; Times, 30 June 2003; [2003] EUECJ C-275/01; [2003] ECR I-5965; [2003] 2 CMLR 36; [2003] CEC 452; [2003] STC 898; [2003] STI 1070; [2003] BTC 5318
12 Jun 2003
ECJ
CWA Timmermans, P
European, VAT, Landlord and Tenant
ECJ Sixth VAT Directive - Article 13B(b) - Exempt transactions - Letting of immovable property - Meaning - Cigarette vending machines installed in commercial premises.
The claimants installed cigarette vending machines on shop premises, with the shop-owners taking a proportion of the takings. They claimed exemption from VAT on the agreements as being 'lettings of immovable property.' Held: The agreements were not such lettings of immoveable property, and were liable to VAT. The agreements were not lettings of a space for occupation, and the actual position occupied was not material to the agreement, the rights only operated whilst the shop was open, and there was no right to exclude the 'landlord'.
Sixth Council Directive 77/388/EEC of May 17 1977
1 Cites

1 Citers

[ Bailii ]

 
 John Lyon's Charity v Shalson; HL 12-Jun-2003 - Times, 16 June 2003; [2003] UKHL 32; Gazette, 31 July 2003
 
London (1967 Act Decisions) [2002] EWLVT 225
15 Jun 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Ivorygrove Ltd v Global Grange Ltd Times, 26 June 2003; [2003] EWHC 1409 (Ch); Gazette, 04 September 2003
18 Jun 2003
ChD
Lawrence Collins J
Landlord and Tenant
The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded that the works were not structural. Held: The words of the section should be read as they are. There is no explicit requirement for works affecting the structure of the building, but only that they were extensive and incompatible with the tenant's continued possession. References in the authorities to 'structure' were not to be treated as rewriting the Act.
Landlord and Tenant Act 1954 30(1)(f)
1 Cites

[ Bailii ]
 
Stretch v The United Kingdom 44277/98; Times, 03 July 2003; (2003) 38 EHRR 12; [2003] ECHR 320
24 Jun 2003
ECHR
Pellonpaa, President, Sir Nicolas Bratza, E. Palm, V. Stranick, S. Pavlovschi, L. Garlicki, J. Borrego Borrego
Human Rights, Landlord and Tenant, Local Government
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of "possessions" in Art. 1 includes a legitimate expectation of obtaining effective enjoyment of a property right resulting from the ultra vires act of a public authority. The council had acted under a mistaken belief as to its capacity. No third party interest would have been affected, and the interference in private property rights was disproportionate.
Hudoc Judgment (Merits and just satisfaction) Violation of P1-1 ; Pecuniary damage - financial award ; Non-pecuniary damage - financial award ; Costs and expenses partial award - domestic proceedings ; Costs and expenses partial award - Convention proceedings
Local Government Act 1933
1 Cites

1 Citers

[ Worldlii ] - [ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 226
24 Jun 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Gonthier and Another v Orange Contract Scaffolding Ltd [2003] EWCA Civ 873
25 Jun 2003
CA
Lord Justice Waller Lord Justice Kay And Mr Justice Lindsay
Landlord and Tenant, Estoppel
The question of a proprietary estoppel as between landlord and tenant arose. An agreement had been reached subject to contract for the grant of a lease, with an option to purchase. The tenant was allowed into possession before the documentation was prepared, and to commece works of repair. Eventually the proposed lease did not include an option. In resisting a later action for possession, the prospective tenant produced inflated invoices. The landowner resisted the claim for an estoppel saying that the tenant, seeking an equitable remedy, had not come to court with clean hands. Held: It was the proposed tenant's solicitors who themselves made the correspondence subject to contract.
1 Cites

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 227
25 Jun 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Bernard Crehan v Inntrepreneur Pub Company (Cpc), Brewman Group Limited [2003] EWHC 1510 (Ch); Gazette, 10 July 2003; Times, 13 August 2003; Gazette, 04 September 2003; [2003] EuLR 663
26 Jun 2003
ChD
The Hon Mr Justice Park
Landlord and Tenant, Commercial, European
The landlord had signed agreements tieing him to sales of beers. After falling into debt, he challnged the prices he had been obliged to pay as contravening the Treaty. The European Court had held that there was a possible claim under the Treaty. Held: The UK market in beer did not operate to exclude competition from those who wished to enter the market or increase their market share, and so the claim failed the first test set by the European Court. The fact that the comeptition within the UK between suppliers was vigorous did not however determine the issue where the proportion of tied houses was so high as to prevent newcomers getting a foothold in the market..
EC Treaty 81
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 446
30 Jun 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 445
30 Jun 2003
LVT

Landlord and Tenant

[ Bailii ]

 
 Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd; ChD 8-Jul-2003 - [2003] EWHC 1621 (Ch)
 
John Smith v Joseph Samuel Muscat [2003] EWCA Civ 962; Times, 12 August 2003; Gazette, 18 September 2003; [2003] 1 WLR 853
10 Jul 2003
CA
Lord Justice Buxton Lord Justice Sedley Lord Justice Ward
Landlord and Tenant
The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money which the tenant has expended in remedying the assignor's breaches of covenant (in other words, the abatement of rent passes too), it is not easy to see what principle of law or justice denies similar relief to a lessee who may not have had enough money to do the repairs but was entitled to be compensated from day to day for the conditions he has consequently had to live in. The decision in Lotteryking was to be followed, and the tenant's right of set-off was exercisable against the assignee landlord.
Law of Property Act 1925 77 141 142
1 Cites

1 Citers

[ Bailii ]
 
Hackney v Side By Side (Kids) Ltd [2003] EWHC 1813 (QB); Times, 05 August 2003; [2004] 1 WLR 363; [2004] 2 All ER 373
14 Jul 2003
QBD
Mr Justice Stanley Burnton
Landlord and Tenant
The defendant sought a stay of a warrant for possession. It had submitted to an order for possession by consent in return for a promise of alternative accomodation. They sought a stay under section 89, saying that the claimant had not complied with its own obligations. Held: The general words of section 89 do not permit the high court to find that section 89 does not apply to consent orders. The possession order could not be postponed.
Housing Act 1980 89(1)
1 Cites

1 Citers

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 229
15 Jul 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 228
15 Jul 2003
LVT

Landlord and Tenant

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Midland (1967 Act Decisions) [2003] EWLVT 230
15 Jul 2003
LVT

Landlord and Tenant

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Midland (1967 Act Decisions) [2003] EWLVT 447
15 Jul 2003
LVT

Landlord and Tenant

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C A Webber (Transport) Ltd v Railtrack plc Times, 05 August 2003
15 Jul 2003
CA
Peter Gibson and Longmore LJJ
Landlord and Tenant, Human Rights
A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed to have been served on the day it was posted. Section 23 of the 1927 Act operated to disapply section 7 of the 1978 Act. Such an implication did not infringe the tenant's human rights. Lex Services stood alone against a list of cases to the effect that where a notice was sent by one of the primary methods set down in s23, it was deemed to have been served, and s7 had no application.
Landlord and Tenant Act 1927 23 - Limitation Act 1978 7 - Human Rights Act 1998 - Landlord and Tenant Act 1954 25
1 Cites


 
Thiery v John Lyon's Charity [2003] EWLands LRA_44_2002
16 Jul 2003
LT

Landlord and Tenant
LEASEHOLD ENFRANCHISEMENT - premium payable for grant of new lease of flat - marriage value - market value of existing lease agreed - whether value affected by provisions of Leasehold Reform, Housing and Urban Development Act 1993 - appeal dismissed.
[ Bailii ]
 
Mohammadi v Anston Investments Limited and, Shellpoint Trustees Limited [2003] EWCA Civ 981
16 Jul 2003
CA
Lord Justice May Lord Justice Sedley
Housing, Landlord and Tenant

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Raymere Ltd v Belle Vue Gardens Ltd [2003] EWCA Civ 996; Times, 14 August 2003
17 Jul 2003
CA
Lord Justice Brooke, Lord Justice Jonathan Parker And Mr Justice Holman
Landlord and Tenant, Registered Land
Tenants of a block of flats sought enfranchisement. The landlord said the notices were defective in that the office copies supplied did not show the entitlement of the persons giving notice at the relevant time. Held: The scheme for collective enfranchisement must apply with equal rigour to unregistered and registered land. The consequence of non-compliance with a section 20 notice is that no further initial notice can be given in respect of the same premises for another twelve months. That indicates that the requirement to deduce title is more an administrative or procedural requirement than a requirement to prove conclusively that the tenant has a good title in law as at the relevant date. Less than perfect compliance should not defeat a notice.
Leasehold Reform Housing and Urban Development Act 1993 20 - Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 (SI 1993/2407) 2 - Land Registration Act 1925 110(1)
1 Cites

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Midland (1967 Act Decisions) [2003] EWLVT 448
18 Jul 2003
LVT

Landlord and Tenant

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McDonald and Another v Fernandez and Another [2003] EWCA Civ 1219; Times, 09 October 2003; [2004] 1 WLR 1027
19 Jul 2003
CA
Lord Justice Potter and Lady Justice Hale
Landlord and Tenant
The landlord served a notice to terminate a shorthold tenancy saying that he required possession on a certain day. The tenancy had been a periodic tenancy, and the date was not the last day of a period of the tenancy. Held. The Act was specific. What was being served was not a notice to quit but a notice specifying the last day of the tenancy, rather than the day on which possession was required. The Act differentiates between notices after a fixed term tenancy ends which can end on any day, and notices for a periodic tenancy which must expire on the last day of a period of the tenancy. The Act did not allow a notice which was only substantially to the same effect to be compliant. It was not difficult for the landlords to comply: they knew when the period ended. The consequences of non-compliance were not serious for the landlords; a defective notice could be cured later, and the landlord was not saddled with a secure tenant. The notice failed to achieve this and was invalid.
Hale LJ said: "But if the question is, what does the statute require, the answer is that the statute requires the notice to specify a date which is the last day of the period. The statute does not require the landlord to specify a day on which he requires possession. This is not a notice to quit. The landlord will not get possession without the tenant's consent unless he goes to court. That is why the statute requires the landlord to state that possession is required 'after a date specified in the notice, being the last day of a period of a tenancy'."
Housing Act 1988 21(4)
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Scottish and Newcastle Plc v Raguz [2003] EWCA Civ 1070; Times, 09 September 2003; [2004] L&TR 11
24 Jul 2003
CA
Lord Justice May Lord Justice Sedley The Vice-Chancellor
Landlord and Tenant, Registered Land
Leases had been granted. They had been assigned to the defendant who had assigned them again. The last assignee became insolvent and statutory demands were served on the claimant under the 1995 Act for rent. The claimant paid the sums due and now sought them from the defendant. He countered that his obligation under the 1925 Act was as guarantor, and that his obligation might be discharged by a claimant's wrongful act. Held: The 1925 Act implied an obligation of indemnity, and was unaffected by any act of the claimant.
The indemnity applied also to any VAT charged to the rent: "The original lease constituted a contract for a relevant supply by the landlord to the tenant for which the rent covenanted to be paid was consideration. In view of the terms of s. 89(3) it is indisputable that when the lessor opted to tax the supply there was a change in the VAT charged on that supply. That change occurred before the supplies with which this claim is concerned were rendered. Accordingly the express terms of s. 89(1) requires VAT at the relevant rate to be added to the rent as part of the consideration for the supply by the Lessor to the Tenant. In my view it follows that the default of the Tenant in paying the rent including the VAT thereon falls within the terms of the implied covenant because it constitutes a failure to pay the rent "by and in the registered lease reserved and contained" as amended in accordance with s. 89(1)."
Land Registration Act 1925 24(1) - Landlord & Tenant (Covenants) Act 1995
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1 Citers

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Brennan v Kettell [2003] EWCA Civ 1186
25 Jul 2003
CA

Landlord and Tenant

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Midland (1967 Act Decisions) [2003] EWLVT 449
29 Jul 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 231
4 Aug 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
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London (1967 Act Decisions) [2003] EWLVT 232
6 Aug 2003
LVT

Landlord and Tenant

Leasehold Reform Act 1967
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 PW and Co v Milton Gate Investments Ltd (BT Property Ltd and another, Part 20 defendants); ChD 8-Aug-2003 - Gazette, 09 October 2003; [2004] Ch 142; [2003] EWHC 1994 (Ch)
 
Midland (1967 Act Decisions) [2003] EWLVT 456
9 Aug 2003
LVT

Landlord and Tenant

[ Bailii ]
 
London (1967 Act Decisions) [2002] EWLVT 233
20 Aug 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 443
29 Aug 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 457
18 Sep 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 458
18 Sep 2003
LVT

Landlord and Tenant

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Roohanna v Regis Group Plc [2003] EWLands LRX_30_2002
24 Sep 2003
LT

Landlord and Tenant
LT SERVICE CHARGE – repairs to roof – whether alleged failure to repair the property by the landlords increased the specification and cost of the roof repairs – reasonableness – whether LVT in error in not considering whether appellant tenant's quiet enjoyment violated – appeal dismissed – Landlord & Tenant Act 1985, ss18, 19(1)(2)(2B).
Landlord and Tenant Act 1985
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 James Dolman and Company Ltd v Pedley; CA 25-Sep-2003 - [2003] EWCA Civ 1686
 
Midland (1967 Act Decisions) [2003] EWLVT 454
6 Oct 2003
LVT

Landlord and Tenant

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Midland (1967 Act Decisions) [2003] EWLVT 453
6 Oct 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 452
6 Oct 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 451
6 Oct 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Collins and Another v Doyle and others [2003] EWLands LRA_65_2002
7 Oct 2003
LT

Landlord and Tenant
LT LEASEHOLD ENFRANCHISEMENT - premiums payable for grant of new leases of flats - marriage value - value of long lease agreed - whether assignments of unextended leases of other flats in same block provide satisfactory evidence of value of existing leases of subject flats - appeal dismissed - Leasehold Reform, Housing and Urban Development Act 1993 s48.
Leasehold Reform, Housing and Urban Development Act 1993 48
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Foreign Property Aps v Secretary of State for Health [2003] EWCA Civ 1541; [2003] 42 EG 127; [2004] 2 P & CR 5
8 Oct 2003
CA

Landlord and Tenant, VAT
Appeal against order for payment of VAT on rent under lease.
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Midland (1967 Act Decisions) [2002] EWLVT 234
9 Oct 2003
LVT

Landlord and Tenant

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 London (1967 Act Decisions); LVT 10-Oct-2003 - [2003] EWLVT 235

 
 Ealing Family Housing Association Ltd v McKenzie; CA 10-Oct-2003 - Times, 30 October 2003; [2003] EWCA Civ 1602; Gazette, 20 November 2003
 
Midland (1967 Act Decisions) [2003] EWLVT 236
17 Oct 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2002] EWLVT 238
21 Oct 2003
LVT

Landlord and Tenant

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Bolton Metropolitan Borough Council v Torkington [2003] EWCA Civ 1634; Times, 13 November 2003; Gazette, 13 November 2003; [2004] 4 All ER 238
31 Oct 2003
CA
Lord Justice Peter Gibson Lord Justice Waller Lord Justice Carnwath
Landlord and Tenant
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. Here the authority had not intended to be bound immediately upon sealing. That intention was central. Sealing remained subjecvt to the satisfaction of the condition, and within the time set. The authority was not bound.
Companies Act 1989 130(2) - Companies Act 1985 36A - Law of Property Act 1925 74
1 Cites

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Midland (1967 Act Decisions) [2003] EWLVT 239
3 Nov 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Midland (1967 Act Decisions) [2003] EWLVT 450
4 Nov 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Marchday Group Plc v British Telecommunications Plc [2003] EWHC 2627 (TCC)
11 Nov 2003
TCC

Landlord and Tenant

[ Bailii ]
 
First Penthouse Limited/Channel Hotels and Properties (Uk) Limited v Channel Hotels and Properties (Uk) Limited/Fahad Al Tamimi First Penthouse Limited Varlet International Limited Ruth Gary Orbach Quallvile Limited Norval Holdings Limited [2003] EWHC 2713 (Ch)
14 Nov 2003
ChD
The Hon Mr Justice Lightman
Landlord and Tenant
Several transactions had taken place with regard to a lease of a roof void, which was to be developed for penthouses. The lease had been charged to secure funding. The development did not proceed to schedule, and a s146 notice was served. It was claimed that the breaches had been waived by the receipt of rent and the exercise of an option under the lease. Held: The breaches had been waived. The refusal of consent to assignment was unreasonable, since the breach related to a covenant which had nothing to do with the relationship of landlord and tenant, but came from an agreement for the payment of commission.
Law of Property Act 146
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1 Citers

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Midland (1967 Act Decisions) [2002] EWLVT 241
18 Nov 2003
LVT

Landlord and Tenant

[ Bailii ]
 
Hawkesbrooke Leisure Ltd v Reece-Jones Partnership [2003] EWHC 3333; (2004) 25 EG 172
18 Nov 2003
ChD
Etherton J
Landlord and Tenant, Professional Negligence
The claimant sued its solicitors for failing to make application in time for a new tenancy. The solicitors said that the claimant, a company limited by guarantee, and not allowed to distribute any trading profit, was not protected under the 1954 Act. Held: An inability to distribute its profits did not mean a company was not carrying on a business. In any event, as a body corporate under the 1954 Act, it needed only to show that it carried on an activity.
Landlord and Tenant Act 1954

 
Darrell v Portman [2003] EWLands LRA_70_2002
19 Nov 2003
LT

Landlord and Tenant
LT LEASEHOLD ENFRANSHISEMENT - extended lease - ground rent - lack of market evidence - standing house approach - personal or financial circumstances not to be taken into account - legislation to be applied as it is - appeal dismissed - Leasehold Reform Act 1967, s15(2)(a)
Leasehold Reform Act 1967 15(2)(a)
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Roadrunner Properties Ltd v Dean and Another [2003] EWCA Civ 1816; [2004] 1 EGLR 73
21 Nov 2003
CA
Chadwick LJ
Negligence, Construction, Landlord and Tenant, Land
Where an application is made under the 1996 Act, as to the issue of causation of damage, a court can properly take a reasonably robust approach where the damage to the adjoining owner's property is of the sort one would expect to result from the building owner's work.
Parety Wall etc Act 1996
1 Citers

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 Marklands Ltd v Virgin Retail Ltd; ChD 28-Nov-2003 - [2003] EWHC 3428 (Ch)
 
London (1967 Act Decisions) [2003] EWLVT 242
3 Dec 2003
LVT

Landlord and Tenant

[ Bailii ]
 
M25 Group Limited v Tudor and others [2003] EWCA Civ 1760; Times, 17 February 2004; [2004] 1 WLR 2319
4 Dec 2003
CA
Lord Justice Potter Lord Justice Carnwath
Landlord and Tenant
Tenants served notices under the Act requiring information about the disposal of the freehold. The landlords objected that the notices were invalid in failing to give the tenants' addresses as required under the Act. Held: The addresses were known or readily available to the landlord, and the notices were not invalid. The court could consider "which of the provisions are substantive and which are secondary or "machinery"; and in relation to the latter, considering whether they are "essential parts of the mechanics or merely supportive of the other provisions". Here the substantive provisions are those conferring the right to acquire the freehold. The secondary (machinery) provisions include the notice requirements of section 11A itself, and the formal requirements of section 54, including the requirement for the addresses."
Landlord and Tenant Act 1987
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Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others [2003] EWCA Civ 1759
4 Dec 2003
CA
Lord Justice Sedley Lord Justice Waller The Vice-Chancellor
Housing, Landlord and Tenant
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect of section 17 of the 1954 Act, the Lessors became entitled to an equitable interest in the Lease commensurate with that of a purchaser under a binding contract for sale. The section did not invalidate either the provisions of clause 5 or any of the steps which should have been taken thereunder and therefore has no effect on the creation of the equitable interest which had priority over any interest of either of Tiffany or Ms Chantry.
Landlord and Tenant Act 1954 Part I 17 - Rent Act 1977
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The Royal Borough of Kensington and Chelsea v Marilyn Hislop [2003] EWHC 2944 (Ch)
5 Dec 2003
ChD
The Hon Mr Justice Lindsay
Housing, Landlord and Tenant

Housing Act 1985
1 Citers

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Arundel Corporation v Khokher [2003] EWCA Civ 1784
9 Dec 2003
CA
Lord Justice Mummery Lord Justice Tuckey Lord Phillips Of Worth Matravers, Mr
Landlord and Tenant
The tenant had served a notice to review the rent. The tenent delivered a counter notice personally be posting it through the letter box. The lease provided that the notice was to be served at the last known business address of the landlord. The landlord had informed the tenant's solicitor, but not the tenant direct that it had moved. The solicitor had not told his client. Held: Service of the notice of change of address on the tenant's solicitor was sufficient to count as service of the tenant, and the tenant's notice was misdelivered and had not been validly served. It was not unreasonable for Arundel to have concerns about a proposed sub-tenancy and to raise them with Mr Khokher’s advisers to find out what, if anything, was going on. Arundel was entitled to be told the true and precise nature of the transaction, to which it was asked to consent. In view of separate doubts about the veracity of information supplied to the court by the tenant and his solicitor, the papers were to be referred to the Law Society.
Law of Property Act 1925 196
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1 Citers

[ Bailii ]
 
Tyoran v King [2003] EWHC 3004 (QB)
11 Dec 2003
QBD

Landlord and Tenant
Claim for mesne profits
[ Bailii ]
 
Blendcrown Ltd v Church Commissioners for England [2003] EWLands LRA_50_2002; [2004] 1 EGLR 143
15 Dec 2003
LT

Landlord and Tenant
The Tribunal described hope value as "a speculative element that does not lend itself to objective assessment" and "essentially a matter of informed opinion" Held: The landlord was awarded 5% of the hope value on the tenants application to purchase his freehold interest.
1 Citers

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Burford UK Properties Ltd and others v Forte Hotels (Uk) Ltd (Formerlytrust House Forte) and others [2003] EWCA Civ 1800
17 Dec 2003
CA
Lord Justice Auld Lord Justice Chadwick Lady Justice Arden
Landlord and Tenant

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Warborough Investments Ltd v Berry and others Gazette, 22 January 2004
18 Dec 2003
ChD
Mr William Blair QC
Landlord and Tenant
The landlord sought to recover arrears of rent after forfeiting the lease. The lease had been held by trustees for a youth centre. Held: The lease clearly intended that the liability of the trustee's did not extend beyond those assets they held for the centre.
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Malekshad v Howard de Walden Estates Ltd (No 2) Times, 14 January 2004; Gazette, 22 January 2004; [2003] EWHC 3106 (Ch); [2004] 1 WLR 862
19 Dec 2003
ChD
Neuberger J
Landlord and Tenant
The tenant gave notice to enfranchise his leasehold property. The landlord resisted saying it had been given after the tenancy had expired and also that it purported to include property not capable of enfranchisement. Held: A notice which included property not capable of enfranchisement was invalid, but the court had jurisdiction to allow amendment. It was more than a tidying up procedure, but subject to certain conditions it could be allowed. The tenancy continued by virtue of para 3(1), and a notice given during continuance was valid.
Leasehold Reform Act 1967 Sch3 3(1)
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Malone, Malone, Goldstein v Bircham and Co Nominees (No 2) Ltd, Stowell, Visortuning Ltd [2003] EWHC 3173 (Ch)
19 Dec 2003
ChD
Mr Justice Collins
Landlord and Tenant
Houseowners around a square had variously enfranchised their properties, but were now in dispute as to the management of the communal garden. Held: Though the company was unable to recover the legal costs in the absence of an express power, they had otherwise acted properly.
Landlord and Tenant Act 1985 20C(3)
1 Cites

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Norwich Union Linked Life Assurance Ltd v Mercantile Credit Company Ltd [2003] EWHC 3064 (Ch)
19 Dec 2003
ChD

Landlord and Tenant

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