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Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995

Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

The handing back of keys without more does not of itself constitute a lease surrender. The passage in Tarjoumi as to implied surrender would have been more correct if there was added the phrase: ‘or such as to render it inequitable for the landlord to dispute that the tenancy has ceased.’ Where a new lease … Continue reading Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd: CA 19 Jul 1995

A notice exercising a tenant’s or landlord’s right to break a lease, must be given precisely as required by the break clause in the lease. Nourse LJ said that the last moment of time on one day is not the same as the first moment of time on the next: ‘The two moments of time, … Continue reading Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd: CA 19 Jul 1995

Friends Provident Life Office v British Railways Board: CA 31 Jul 1995

An obligation taken on by a subsequent assignee cannot affect liability of original Tenant or surety. Variation of tenancy without intention to create new tenancy does not end surety. Citations: Times 31-Jul-1995, Independent 14-Sep-1995 Jurisdiction: England and Wales Landlord and Tenant Updated: 21 January 2023; Ref: scu.80692

Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

An owner of a park for mobile homes increased the rent to allow for loss of profits after the home owners began to buy their liquid gas from other sources. He showed that profits from such sales were part of the normal profit structure of such parks and factored into the rents. Held: The site … Continue reading Howard and others v Kinvena Homes Ltd: CA 27 Jun 1999

Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The provision was not inconsistent with the idea of the statutory tenancy, and the term was implied into the statutory tenancy. Judges: Stuart-Smith … Continue reading Cadogan Estates Ltd v McMahon: CA 9 Jun 1999

Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

The considered a boiler house housed in a separate building. The issue was whether it came within section 1(3)(b) of the 1993 Act, that is, property which a qualifying tenant ‘is entitled under the terms of the lease of his flat to use in common with the occupiers of other premises’. Held: Judge Marshall said … Continue reading Oakwood Court (Holland Park) Ltd v Daejan Properties Ltd: 2007

Cadogan v Panagopoulos and Another: ChD 15 Mar 2010

‘This case concerns the proper interpretation of certain provisions of that [1993 Act] regime when after a claim to collective enfranchisement has been made and registered, the freeholder grants a 999 year lease of a part of the premises. In a thorough and thoughtful judgment in the Central London County Court, HH Judge Marshall QC … Continue reading Cadogan v Panagopoulos and Another: ChD 15 Mar 2010

Galvano Enterprises Ltd v Orionvink Bv: CANI 20 Oct 1999

Appeal by way of case stated against a decision of the Lands Tribunal for Northern Ireland sitting as arbitrator. The issue is the correct interpretation of a rent review clause in a lease of commercial premises and the assumptions which an arbitrator should make in fixing the rent to be payable by the tenant following … Continue reading Galvano Enterprises Ltd v Orionvink Bv: CANI 20 Oct 1999

Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

The House was asked whether a jury in criminal trials containing variously a Crown Prosecution Service solicitor, or a police officer would have the appearance of bias. In Abdroikof, the presence of the police officer on the jury was discovered only late, but there was no conflict over police evidence. In Green the victim was … Continue reading Regina v Abdroikof, Regina v Green; Regina v Williamson: HL 17 Oct 2007

Hart v London Borough of Brent: CA 23 Sep 1995

The applicant sought leave to appeal an order for possession of the property he held under a tenancy of the local authority. There had been almost no rent paid. Held: After several opportunities to pay the rent, the arrears had merely grown, and could not now be realistically repaid. The appeal had no prospect of … Continue reading Hart v London Borough of Brent: CA 23 Sep 1995

Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

The appellants sought asylum. They were Kurdish pacifists, and claimed that they would be forced into the armed forces on pain of imprisonment if they were returned to Turkey. Held: The concept of ‘persecution’ was central. It is necessary to investigate whether the treatment which the applicants reasonably fear would infringe a recognised human right. … Continue reading Sepet and Bulbil v Secretary of State for the Home Department: HL 20 Mar 2003

Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

The Court dismissed an appeal from a decision to dispense with notice under the section. A notice to quit had been served and a summons for possession issued with an appendix containing details of the allegations of breach of the tenancy agreement and nuisance.Only much later was an application was made to dismiss the proceedings … Continue reading Kelsey Housing Association Ltd v King and Another: CA 8 Aug 1995

NYK Logistics (UK) Ltd v Ibrend Estates Bv: CA 16 Jun 2011

The parties disputed whether a break clause in the lease had been successfully exercised. Judges: Ward, Moore-Bick, Rimer LJJ Citations: [2011] EWCA Civ 683, [2011] 4 All ER 539, [2011] 36 EG 94, [2011] 25 EG 104, [2011] NPC 61, [2011] 2 P and CR 9 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading NYK Logistics (UK) Ltd v Ibrend Estates Bv: CA 16 Jun 2011

Brent London Borough Council v Murphy: CA 1995

The defendant was a secure tenant. When she was sued for arrears of rent, she counterclaimed for damages for breach of the landlord’s obligation to repair for over seven years. The judge awarded her general damages for diminution of the value of the tenancy calculated by reference to a reduction in the rent payable and … Continue reading Brent London Borough Council v Murphy: CA 1995

Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995

British Telecommunications Plc v Sun Life Assurance Society Plc: CA 3 Aug 1995

A landlord became in breach of his duty of repair under his covenant immediately the repairable defect occurred, not after a reasonable time had been given to make the repair. Nourse LJ summarised the earlier authorities: ‘It is now established by a line of authority culminating in the decision of the House of Lords in … Continue reading British Telecommunications Plc v Sun Life Assurance Society Plc: CA 3 Aug 1995

Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of scarcity, and thus found that the landlord had not demonstrated the unsoundness of registered fair rent comparables. Held: The decision was upheld. A fair … Continue reading Spath Holme Ltd v Greater Manchester and Lancashire Rent Assessment Committee: CA 9 Aug 1995

Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

The background to this appeal is a dispute about service charges; but the main issue is procedural. Its principal focus is the power of the First Tier Tribunal (‘the FTT’) to review one of its decisions, following an application for permission to appeal to the Upper Tribunal (‘the UT’). Citations: [2020] EWCA Civ 795 Links: … Continue reading Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

Co-operative Wholesale Society Ltd v National Westminster Bank plc: CA 1995

The court considered the proper construction of rent review clauses in several cases. The underlying result which the landlords sought in each case was the same. Held: It was a most improbable commercial result. Where the result, though improbable, flowed from the unambiguous language of the clause, the landlords succeeded, whereas where it did not, … Continue reading Co-operative Wholesale Society Ltd v National Westminster Bank plc: CA 1995

Reichman and Another v Beveridge: CA 13 Dec 2006

The defendants were tenants of the claimant. They vacated the premises and stopped paying the rent. The claimant sought payment of the arrears of rent. The defendants said that the claimants should have taken steps to reduce their damages by seeking another tenant. Held: The defendant’s appeal against a ruling that a landlord was under … Continue reading Reichman and Another v Beveridge: CA 13 Dec 2006

Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006

Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased): QBD 14 Nov 2006

The claimant sought damages saying that she had been falsely imprisoned, raped and drugged by the defendant who had since died. Held: The court had only the evidence of the claimant, and must be careful in examining it. On that evidence the case was found to be established. Such allegations fell to be treated as … Continue reading Lawson v Glaves-Smith, Executor of the Estate of Dawes (Deceased): QBD 14 Nov 2006

Jeune v Queens Cross Properties Ltd: 1974

The lease contained a covenant by the landlord to carry out repairs. A balcony of his, not within the area let, was at risk of collapsing. Held: Damages alone would be not an adequate remedy. The court ordered specific performance of the landlord’s covenant. Citations: [1974] Ch 97 Jurisdiction: England and Wales Cited by: Cited … Continue reading Jeune v Queens Cross Properties Ltd: 1974

Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

The defendant had taken assignments of the term of two underleases from the claimant, and then re-assigned them to a limited company with guarantors of the rent, and they in turn re-assigned the leases. The last company became insolvent. The landlord and the claimants and receivers agreed to look for a further assignee and therefore … Continue reading Scottish and Newcastle Plc v Raguz: ChD 11 Apr 2006

Montross Associates Investments SA v Moussaieff: CA 1992

A covenant prohibited the lessee from carrying on a number of unacceptable trades and activities but ended, ‘but will use the demised premises either for the business of high class retailers of jewellery and/or antiques and/or luxury goods and/or travel agency or recognised bank the authorised name of which includes the word ‘Bank”. Held: The … Continue reading Montross Associates Investments SA v Moussaieff: CA 1992

Dyer v Munday; Morris v Martin: CA 1895

The defendant, a hire purchase furniture dealer, sent his manager to recover back some furniture hired to X and upon which several instalments were unpaid. X had pledged the furniture to his landlord as security for his rent, and the landlord’s wife sought to prevent the manager from removing the furniture. The manager assaulted her … Continue reading Dyer v Munday; Morris v Martin: CA 1895

Cadogan v McGirk: CA 25 Apr 1996

The court considered whether the 1993 Act should be construed as expropriatory legislation and therefore was to be read strictly. Held: The Court rejected the submission that the relevant provisions must be strictly construed because the 1993 Act was expropriatory in nature. Millet LJ said: ‘It would, in my opinion, be wrong to disregard the … Continue reading Cadogan v McGirk: CA 25 Apr 1996

Philips Electronique v British Sky Broadcasting Ltd: CA 1995

There is a presumption against adding terms to a contract. The presumption is stronger where the contract is in writing and represents an apparently complete bargain between the parties. Sir Thomas Bingham MR set out Lord Simon’s formulation, and described it as a summary which distilled ‘the essence of much learning on implied terms’ but … Continue reading Philips Electronique v British Sky Broadcasting Ltd: CA 1995

Eastpoint Block A RTM Company Ltd v Otubaga: UTLC 29 Nov 2022

Landlord and Tenant – Breach of Covenant – Right To Manage – FTT Procedure – Whether RTM Company May Apply for Determination of breach of covenant under s.168(4), Commonhold and Leasehold Reform Act 2002 – appeal dismissed Citations: [2022] UKUT 319 (LC) Links: Bailii Statutes: Commonhold and Leasehold Reform Act 2002 168(4) Jurisdiction: England and … Continue reading Eastpoint Block A RTM Company Ltd v Otubaga: UTLC 29 Nov 2022

Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996

The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996

Griffiths v Williams: CA 21 Nov 1995

The Defendant landlord had demanded rent arrears and said that if the Claimant did not do what he wanted he would evict her from her flat. He forcibly raped her and then fought a criminal trial, alleging that sexual relations had been consensual and calling witnesses to blacken the Claimant’s character. Held: Damages of pounds … Continue reading Griffiths v Williams: CA 21 Nov 1995

C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995

The mother had claimed in damages for the injuries to her health from the landlord authority’s failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res judicata. Held: The child’s injuries from bad housing were a separate claim from … Continue reading C (A Minor) v Hackney London Borough Council: CA 10 Nov 1995

Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd: CA 29 Dec 1995

A ‘keep open’ clause in a commercial lease can be enforced by an order specific performance but only in rare cases. It would normally be unreasonable.Millett LJ said: ‘The competing arguments in the present case, and the difference in the views of the members of this court, reflect a controversy which has persisted since the … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd: CA 29 Dec 1995

Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

Doorbar v Alltime Securities Ltd: CA 18 Dec 1995

Landlord bound by voluntary arrangement on future rent despite disagreement. A meeting chairman has power to impose ‘agreed’ value on claim to allow vote to creditor. Citations: Ind Summary 18-Dec-1995, Gazette 17-Jan-1996, Times 07-Dec-1995 Statutes: Insolvency Rules 1986 5 17(3) Jurisdiction: England and Wales Insolvency, Landlord and Tenant Updated: 09 December 2022; Ref: scu.80097

Living Waters Christian Centres Ltd v Fetherstonhaugh: CA 27 Apr 1999

The plaintiff tenant appealed from the dismissal of its application under sections 22(1) and 23(2) of the Arbitration Act 1950 to set aside or remit to the arbitrator, on the grounds of misconduct, an award in a rent review arbitration, relating to a lease of premises at Abergele in North Wales Judges: Peter Gibson, Potter … Continue reading Living Waters Christian Centres Ltd v Fetherstonhaugh: CA 27 Apr 1999

Q Studios (Stoke) RTM Co Ltd v Premier Grounds Rents No6 Ltd (Leasehold Enfranchisement – Right To Manage): UTLC 19 Jun 2020

Student lets – meaning of ‘flat’ in Commonhold and Leasehold Reform Act 2002, Part 2, Chap. 1 – meaning of ‘dwelling’ – whether terms on which dwelling let relevant – whether communal facilities in large block were shared living accommodation, such that studios not ‘occupied as a separate dwelling’. Citations: [2020] UKUT 197 (LC) Links: … Continue reading Q Studios (Stoke) RTM Co Ltd v Premier Grounds Rents No6 Ltd (Leasehold Enfranchisement – Right To Manage): UTLC 19 Jun 2020

Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Claim for injunction to prevent interference with certain claimed rights over land. Held: Some of the activities that the landlord proposed to carry out were permitted under the terms of the tenancy agreements; but others were not. Judges: Keyser QC HHJ Citations: [2019] EWHC 1008 (Ch), [2019] 4 WLR 74, [2019] WLR(D) 270 Links: Bailii, … Continue reading Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Fairfield Rents Limited v Nemcova (London): FTTPC 26 Aug 2015

Application Under Section 168, of The Commonhold and Leasehold Reform Act 2002 Citations: [2015] UKFTT RP – LON – 00AK – Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – Nemcova v Fairfield Rents Ltd UTLC 6-Sep-2016 Holiday lets were in breach of covenant UTLC LANDLORD AND TENANT – BREACH OF COVENANT – … Continue reading Fairfield Rents Limited v Nemcova (London): FTTPC 26 Aug 2015