The House considered a purchase notice under section 19(1), Town and Country Planning Act 1947, which turned on the second limb of the definition of ‘owner’ because the land in question was not let at a rack rent. Lord Reid considered a chain of leases and subleases where several were at a rack rent and was of the opinion that more than one person could be in receipt of a rack rent at one time.
Held: Where Parliament has continued to use words of which the meaning has been settled by decisions of the court, it is to be presumed that it intends the words to continue to have that meaning.
Lord Reid said: ‘A, the freeholder, may let to B for a rent of pounds 100 which is a rack-rent at the date of B’s lease, and later B may sublet to C for a rent of pounds 200 which is a rack-rent at the date of C’s lease. It appears to me that then both A and B are entitled to receive a rack-rent of the land. . . I am therefore of opinion that there can be more than one ‘owner’ under the first limb of the definition, and that if the freeholder lets at a rack-rent he is and remains an ‘owner’ no matter what his tenant may do.
Judges:
Lord Reid
Citations:
[1955] AC 337
Statutes:
Town and Country Planning Act 1947 19(1)
Jurisdiction:
England and Wales
Cited by:
Cited – Gallagher (Valuation Officer) v Church of Jesus Christ of Latter-Day Saints HL 30-Jul-2008
The House considered whether certain properties of the Church were subject to non-domestic rating. Various buildings were on the land, and the officer denied that some fell within the exemptions, and in particular whether the Temple itself was a . .
Cited – Rakusen v Jepsen UTLC 11-Nov-2020
Rent Repayment Order From Superior Landlord
Housing – Rent Payment – Whether A Rent Repayment Order May Be Made against A Superior Landlord – – application to strike out claim for rent repayment order – ss. 40, 41 Housing and Planning Act 2016 – appeal dismissed
‘the FTT does have . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 01 April 2022; Ref: scu.272217
