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Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018

Application for a declaration that the property is an agricultural holding within the meaning of the Agricultural Holdings Act 1986, and/or an order for a new tenancy pursuant to section 24 of the Landlord and Tenant Act 1954 of the property, and/or a declaration that the tenancy of the property continues and/or that the claimants … Continue reading Smyth-Tyrrell and Another v Bowden: ChD 2 Feb 2018

Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd: ChD 8 Jul 2003

Application by tenant to re-open preliminary issue on having obtained new evidence. The landlord had resisted the grant of a new tenancy claiming an intention to develop the property. Judges: Lightman J Citations: [2003] EWHC 1621 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 31 March … Continue reading Bentley and Skinner (Bond Street Jewellers) Ltd v Searchmap Ltd: ChD 8 Jul 2003

Bridgers and Hamptons Residential v Stanford: CA 1991

The court considered a notice which did not comply with section 25 in several respects. One defect was that it did not comply with 25(5) since it only required the tenants to notify the landlord if they were not willing to give up possession: it required the tenants to give a negative counter notice but … Continue reading Bridgers and Hamptons Residential v Stanford: CA 1991

Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

The claimant appellant alleged that properties she owned were transferred to the first defendant under undue influence or other unconscionable conduct by the second and third defendants. The claim was dismissed. Three years later she claimed to set that judgment aside having been obtained by fraud. To support the allegation she brought evidence not available … Continue reading Takhar v Gracefield Developments Ltd and Others: SC 20 Mar 2019

Scholl Manufacturing Co Ltd v Clifton (Slim-Line) Ltd: CA 1967

The question was whether a landlord could exercise a right to break a lease by serving a notice under section 25 of the Act, which provides for termination of a tenancy by the landlord. Held: If a notice is served on an occupying tenant in conformity with the lease, but not in conformity with the … Continue reading Scholl Manufacturing Co Ltd v Clifton (Slim-Line) Ltd: CA 1967

Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

The agricultural landlord sold part of his land subject to the respondent’s tenancy to the appellant. Before the transfer was registered, notices to quit were served by both the landlord and his buyer. The tenant challenged both notices in the County court, against whose finding and order that the notices were invalid, both defendants now … Continue reading Stodday Land Ltd and Another v Pye: ChD 7 Oct 2016

Hutchison and others v B and DF Ltd: ChD 3 Oct 2008

The claimants sought an order declaring that the defendant had a tenancy and requiring it to execute an appropriate lease. The landlords said that the tenant had a continuation lease under the 1954 renewal procedure, and the tenants said they had only a tenancy at will. Peter Smith J [2008] EWHC 2286 (Ch) Bailii Landlord … Continue reading Hutchison and others v B and DF Ltd: ChD 3 Oct 2008

Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006

Sun Alliance and London Assurance Co Ltd v Hayman: CA 1975

The two-sided act of giving and receiving of a notice may be deemed to be done by some act other than actual receipt of the notification by the recipient. Lord Salmon said: ‘Statutes and contracts often contain a provision that notice may be served on a person by leaving it at his last known place … Continue reading Sun Alliance and London Assurance Co Ltd v Hayman: CA 1975

Wandsworth London Borough Council v Singh: CA 1991

The Local Authority were lessees of some 500 square metres of public open space at St. Johns Hill in Wandsworth, which they and their horticultural sub-contractors visited periodically. It had been used by local inhabitants for leisure and recreation. Held: The use was sufficient to constitute occupation: ‘The concept [of sufficiency of physical presence and … Continue reading Wandsworth London Borough Council v Singh: CA 1991

Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003

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 … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003

J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had overstayed the expiration of a grazing tenancy, and been asked to leave but had not been dispossessed. … Continue reading J A Pye (Oxford) Ltd and Others v Graham and Another: HL 4 Jul 2002

Pimms Ltd v Tallow Chandlers Company: CA 1964

The landlord had refused its consent to an assignment of the remaining term of a lease to a development company, which desired to acquire the lease because of its nuisance value, and to use its interest as a basis for inducing the landlord to enter into a joint venture for the redevelopment of the property. … Continue reading Pimms Ltd v Tallow Chandlers Company: CA 1964

Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

The company had undertaken substantial building works and sought associated tax relief. The court was asked whether, following a change in the company’s memorandum and articles of association, the company, a registered social landlord, remained a charitable organisation. The articles allowed some tenants to become members of the company, and would allow pursuance of objects … Continue reading Helena Partnerships Ltd v HM Revenue and Customs: CA 9 May 2012

Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Cere Needed Releasing Future Claims A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead to a claim were unknown to either party, and such losses … Continue reading Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali: HL 1 Mar 2001

Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991

One tenant of two joint tenants of a house left and was granted a new tenancy on condition that the existing one of the house, still occupied by her former partner, was determined. She gave a notice to quit as requested, the council claimed possession, and succeeded, even though she had sought to withdraw her … Continue reading Hammersmith and Fulham London Borough Council v Monk: HL 5 Dec 1991

Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008

The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007

The husband and wife had made mutual wills in the US with an express agreement not to make later alterations or dispositions without the agreement of the other or at all after the first death. The wife survived, but having lost the first will made a further one, and created a trust. The claimant now … Continue reading The Thomas and Agnes Carvel Foundation v Carvel and Another: ChD 11 Jun 2007

Hagee (London) Ltd v A B Erikson and Larson (a Firm): CA 1975

Tenancy at Will not protectable by 1954 Act A tenancy at will falls outside the protection of the 1954 Act, though ‘parties cannot impose upon an agreement, by a choice of label, a nature or character which on its proper construction it does not possess’. Entry into possession while negotiations proceed is one of the … Continue reading Hagee (London) Ltd v A B Erikson and Larson (a Firm): CA 1975

Ladd v Marshall: CA 29 Nov 1954

Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954

Parker and Another v SJ Berwin and Co and Another: QBD 17 Dec 2008

The claimants sought damages from their former solicitors. They set out to purchase a football club, expending substantial sums for the purpose, relying on the defendants’ promised provision of service in finding and arranging the funding. They said that the defendants made no progress, the opportunity was lost, and their money wasted. After a dilatory … Continue reading Parker and Another v SJ Berwin and Co and Another: QBD 17 Dec 2008

Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Damages on Construction not as Agreed The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner against a builder at the cost … Continue reading Ruxley Electronics and Construction Ltd v Forsyth: HL 29 Jun 1995

Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of incompatibility in respect of section 3 of the 1977 Act, saying that it disallowed any consideration … Continue reading Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: Admn 8 Mar 2010

Doherty and others v Birmingham City Council: HL 30 Jul 2008

The House was asked ‘whether a local authority can obtain a summary order for possession against an occupier of a site which it owns and has been used for many years as a gipsy and travellers’ caravan site. His licence to occupy the site has come to an end. He has no enforceable right to … Continue reading Doherty and others v Birmingham City Council: HL 30 Jul 2008

Michalak v London Borough of Wandsworth: CA 6 Mar 2002

The appellant had occupied for a long time a room in a house let by the authority. After the death of the tenant, the appellant sought, but was refused, a statutory tenancy. He claimed to be a member of the tenant’s family, and that the list of family relationships in section 113 was not exhaustive. … Continue reading Michalak v London Borough of Wandsworth: CA 6 Mar 2002

Patel and Another v Keles and Another: CA 12 Nov 2009

The landlord objected to the renewal of the lease, saying that he intended to occupy the premises for his own business. The court had found that he intended to sell the property. Held: The landlord’s appeal failed. Parliament has not laid down any rule as to how long the landlord must intend to occupy the … Continue reading Patel and Another v Keles and Another: CA 12 Nov 2009

David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014

The claimant sought damages after an explosion at the defender’s nearby premises damaged its shop. The defender said that the claim was out of time, and now appealed against a decision that time had not begun to run under the 1973 Act. Held: (Lord Hodge and Lord Toulson dissenting) The appeal was allowed. The natural … Continue reading David T Morrison and Co Ltd (T/A Gael Home Interiors) v ICL Plastics Ltd and Others: SC 30 Jul 2014

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 2011

Administrators of the claimant company asserted that the company had held informal leases of two hangars owned by the defendant, and also complained of their transfer at an undervalue. The first defendant said that the occupations were under license only. Held: The occupation, having the characteristics of a tenancy, was in fact a tenancy. As … Continue reading Mann Aviation Group (Engineering) Ltd v Longmint Aviation Ltd and Another: ChD 19 Aug 2011

Khudados v Leggate and others: EAT 16 Feb 2005

Application was made to make extensive amendments to the notice of appeal. Held: The application was refused. The EAT practice guide required an application for an amendment to be made as soon as its necessity became apparent. The applicant had not done so. The EAT set down general guidance in dealing with such applications. No … Continue reading Khudados v Leggate and others: EAT 16 Feb 2005

Anderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd: CA 3 Jul 2002

In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .

East Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps: HL 1965

References: [1965] AC 58 Coram: Viscount Simonds Ratio:Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it … Continue reading East Coast Amusement v British Transport Board; Re ‘Wonderland’ Cleethorps: HL 1965

East Coast Amusement v British Transport Board; Re Wonderland” Cleethorps: HL 1965″

References: [1965] AC 58 Coram: Viscount Simonds Under the section, the benefit of improvements would only be obtained by the tenant if carried out during the current tenancy. Viscount Simonds said: ‘If there is any ambiguity about the extent of (the) derogation (by a statute from common law rights), the principle is clear that it … Continue reading East Coast Amusement v British Transport Board; Re Wonderland” Cleethorps: HL 1965″

Eric Michael Garston; Alan Kilsha Toulson; Paul Denzil Nicholas and Charles Edward Cameron Gardner v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

References: [1998] EWCA Civ 1091 Links: Bailii The lease demised property ‘from the 24th day of June 1985 for a term of twenty years’ with a break clause requiring six month’s notice. The break notice was calculated from the anniversary of the lease, not the anniversary of the term. At first instance, the lease was … Continue reading Eric Michael Garston; Alan Kilsha Toulson; Paul Denzil Nicholas and Charles Edward Cameron Gardner v Scottish Widows Fund and Life Assurance Society: CA 25 Jun 1998

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

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

D’Silva v Lister House Development Ltd: 1970

Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970

Commercial Union Life Assurance Co Ltd v Moustafa: 1999

A landlord gave notice to the original lessees of business premises, under section 17 of the 1995 Act. It was sent by recorded delivery to the lessees’ last known residential address but was returned to the sender by the Royal Mail. Nevertheless the landlord contended that there had been good service under section 23(1) of … Continue reading Commercial Union Life Assurance Co Ltd v Moustafa: 1999

Willis v Association of Universities of the British Commonwealth: CA 1965

The landlord resisted renewal of the business tenancy saying that he intended to occupy the premises himself. The Court was asked whether the landlord could show the necessary intention under section 30(1)(g) where it intended to occupy the premises for the purposes of its business, but had passed a resolution to enter liquidation for the … Continue reading Willis v Association of Universities of the British Commonwealth: CA 1965

Brown v Myerson: CA 21 Jul 1998

The claimant let a house to the defendant under an assured shorthold tenancy. In breach of condition, the defendant operated her licensed conveyancer’s business from the premises. Under an associated arrangement land was let to the defendant for her horses. On a possession action, the defendant asserted that the letting was a business tenancy protected … Continue reading Brown v Myerson: CA 21 Jul 1998

Dolgellau Golf Club v Hett: CA 3 Apr 1998

The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect of success. Held: Where the landlord had expressed intention to commence business from premises after expiry of the lease and wanted occupation, the court should … Continue reading Dolgellau Golf Club v Hett: CA 3 Apr 1998

Bacchiocchi v Academic Agency Limited: CA 20 Feb 1998

The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy and had closed his restaurant business in the last few weeks before … Continue reading Bacchiocchi v Academic Agency Limited: CA 20 Feb 1998

Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

An application was made for a new tenancy within the four month period prescribed by section 29(3) of the LTA. The applicants named in error in the application were ‘Signet Group plc’ and not ‘Ernest Jones Ltd’. Hammerson had not been misled and was in no reasonable doubt as to the identity of the person … Continue reading Signet Group Plc v Hammerson UK Properties Plc: CA 9 Dec 1997

Northern Electric Plc v Addison: CA 12 Jun 1997

The appellant challenged the terms of an order granting it a new lease under the Act. The landlord sought to have included an upwards only rent review. There was a ransom element since the plot was used as a base for an electricity sub-station which could only be moved at great expense. Held: The judge … Continue reading Northern Electric Plc v Addison: CA 12 Jun 1997

Trans-World Investments Ltd v Dadarwalla: CA 22 May 2007

Appeal against new rent fixed by court on renewal under the 1954 Act. Held: The judge had erred by not considering the passing rent agreed between the parties pending determination by the court, and has also disregarded the rent of the adjoining property. The matter was remitted. Judges: Mummery LJ, Keene LJ, Jacob LJ Citations: … Continue reading Trans-World Investments Ltd v Dadarwalla: CA 22 May 2007

Nicholls v Kinsey: CA 3 Feb 1994

The parties agreed a tenancy for 12 months, and thereafter to continue from year to year determinable by the landlord on twelve months’ notice. An order had been obtained from the court to exclude the tenancy from protection under the 1954 Act. Held: The agreement and order taking the tenancy out of Part II protection … Continue reading Nicholls v Kinsey: CA 3 Feb 1994

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 12 Jun 2009

Application for leave to continue request for new lease on insolvency of the landlord. The administrators opposed wanting to put together a scheme for the redevelopment of the premises. Held: Permission was granted. Judges: Judge Purle QC Citations: [2009] EWHC 2384 (Ch), [2010] L and TR 8, [2009] 48 EG 104 Links: Bailii Statutes: Landlord … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 12 Jun 2009

Frozen Value Ltd v Heron Foods Ltd: CA 24 Apr 2012

The tenant claimant appealed against rejection of its claim that the landlord did not intend to occupy the tenanted property, allowing the landlord to reject the claimant’s application for a new lease on the expiry of the existing one. Judges: Lloyd, Rimer, Jackson LJJ Citations: [2012] EWCA Civ 473 Links: Bailii Statutes: Landlord and Tenant … Continue reading Frozen Value Ltd v Heron Foods Ltd: CA 24 Apr 2012

Ivorygrove Ltd v Global Grange Ltd: ChD 18 Jun 2003

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 … Continue reading Ivorygrove Ltd v Global Grange Ltd: ChD 18 Jun 2003

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 29 Jul 2011

Judges: Vos J Citations: [2011] EWHC 2043 (Ch), [2011] L andTR 27, [2012] 1 P andCR DG1 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(g) Jurisdiction: England and Wales Citing: See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011 The claimant sought to renew its leases of docking facilities … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 29 Jul 2011

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 27 Jun 2011

Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it therein, within the meaning of Section 30(1)(g) of the Landlord and Tenant … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 27 Jun 2011

Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

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 … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

Naidu v Yenula Properties Ltd: CA 23 May 2002

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 … Continue reading Naidu v Yenula Properties Ltd: CA 23 May 2002

Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: CA 1957

The tenant had applied for a new tenancy. The landlord offered to provide suitable accomodation. Held: Where the landlord’s offer met the statutory criteria, the court had no jurisdiction to grant a new tenancy. What mattered was the landlord’s intention at the date of the hearing. Judges: Denning LJ, Evershed MR Citations: [1957] Ch 67 … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: CA 1957

Shell-Mex v Manchester Garages: CA 1971

The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971

Shelley v United Artists Corporation Limited: CA 1989

There was a subletting arrangement. United Artists, who were the sub-tenant’s competent landlord under Part II of the 1954 Act, served a notice on the tenant, and then a further notice on the head landlord. The result of second notice was that United Artists ceased to be the competent landlord of the tenant. The tenant … Continue reading Shelley v United Artists Corporation Limited: CA 1989

Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007

His lease had expired, but the defendant continued in occupation under a licence. The parties agreed for new leases on terms fixed, but conditional on the lease being allowed to be contracted out. The tenant now asserted that it occupied the property with security under the 1954 Act. Held: However unattractive the point made by … Continue reading Cameron Ltd v Rolls-Royce Plc: ChD 12 Mar 2007

London Baggage Company v Railtrack Plc (No. 1): ChD 17 Apr 2000

Claim for a declaration that a tenancy was held under the 1954 Act. Judges: Pumfrey J Citations: [2000] EWHC 459 (Ch), (2000) 80 P and CR D38, [2000] L and TR 439, [2000] EG 57 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Citing: Cited – Javad v Aqil CA 15-May-1990 … Continue reading London Baggage Company v Railtrack Plc (No. 1): ChD 17 Apr 2000

The Picture Warehouse Ltd v Cornhill Investments Ltd: QBD 23 Jan 2008

The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking spaces had been allocated. The move was made, but the lease … Continue reading The Picture Warehouse Ltd v Cornhill Investments Ltd: QBD 23 Jan 2008

Dogan v Semali Investments Ltd: CA 4 Aug 2005

Judges: Sir Martin Nourse Mr Justice Patten Lord Justice Mance Citations: [2005] EWCA Civ 1036 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1)(f) Jurisdiction: England and Wales Citing: Cited – Gatwick Parking Service Ltd v Sargent CA 3-Feb-2000 When a landlord opposed a renewal of a business tenancy, the court must allow for changes … Continue reading Dogan v Semali Investments Ltd: CA 4 Aug 2005

Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

The parties disputed whether a tenant’s counter-notice had been served within the time limit applicable. It was out of time if the time ran from the date of posting of the landlord’s notice, but not if timed from the date of receipt. Held: The Landlord’s appeal succeeded. Judges: Neuberger J Citations: [2003] EWHC 1252 (Ch), … Continue reading Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

Surrey County Council v Single Horse Properties Ltd: CA 26 Mar 2002

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 … Continue reading Surrey County Council v Single Horse Properties Ltd: CA 26 Mar 2002

Hawkesbrooke Leisure Ltd v Reece-Jones Partnership: ChD 18 Nov 2003

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 … Continue reading Hawkesbrooke Leisure Ltd v Reece-Jones Partnership: ChD 18 Nov 2003

Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

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. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005

The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission. Held: The appeal succeeded. The judge had referred to … Continue reading Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005

Yenula Properties Ltd v Naidu: ChD 18 Jul 2002

The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. 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 … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002