Notices served together breaking lease and requiring new lease but mistaking dates should be held valid where the combined intention was unmistakable, though on its own the mistaken statutory notice requiring new tenancy from wrong date would not stand. A statutory counter-notice had to be precisely correct since it exercised a defined function. Citations: Gazette … Continue reading Garston and Others v Scottish Widows Fund and Life Assurance Society: CA 1 Jul 1998
Former Tenant’s claim for compensation on termination of business tenancy Judges: Keyser QC HHJ Citations: [2020] EWHC 2521 (TCC) Links: Bailii Statutes: Landlord and Tenant Act 1954 2 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 April 2022; Ref: scu.655943
Appeal from refusal of new lease under 1954 Act. Landlord wanting to reconstruct premises. Tenant saying that the construction scheme was artificial. Held: The landlords intention had to be genuine. Judges: Jay J Citations: [2017] EWHC 1670 (QB), [2017] WLR(D) 503 Links: Bailii, WLRD Statutes: Landlord and Tenant Act 1954 ( Jurisdiction: England and Wales … Continue reading S Franses Ltd v The Cavendish Hotel (London) Ltd: QBD 3 Jul 2017
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
Claim for renewal of lease of telecommunications mast – determination of rent Citations: [2020] EW Misc 18 (CC) Links: Bailii Statutes: Landlord and Tenant Act 1954, Communications Act 2003 Jurisdiction: England and Wales Landlord and Tenant, Utilities Updated: 01 April 2022; Ref: scu.655654
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
Judges: Nugee J Citations: [2016] EWHC B38 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.592671
Landlords had let the property to their caretaker of the whole premises. andpound;40 was to be deducted from the agreed rental value of the house (andpound;66), and he was to pay andpound;26pa in rent. The parties agreed that the letting was governed by the Rent Restriction Acts. Later his wage was increased to andpound;66.00 leaving … Continue reading Montague v Browning: CA 1954
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
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
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
Judges: The Honourable Mr Justice Lewison Citations: [2004] EWHC 2224 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 07 February 2022; Ref: scu.215881
The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed against refusal. Held: The appeal failed. The date of the hearing at which the necessary intention … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 4 Aug 2010
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
Megaw LJ said: ‘Section 23 of the Landlord and Tenant Act 1927 lays down the manner in which service of a notice can be effected. It is provided, as what I may call at any rate the primary means of effecting service, that it is to be done either by ‘personal’ service or by leaving … Continue reading Chiswell v Griffon Land and Estates Ltd: CA 1975
The defendant served a notice on the plaintiff tenants purportedly under the section. The defendant had been the landlord but shortly before serving the notice the defendant had assigned its interest in the property in question to its parent company and so had ceased to be the landlord. As section 25 required the landlord to … Continue reading Yamaha-Kemble Music (UK) Ltd v ARC Properties Ltd: ChD 1990
When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions on use should not be tightened merely to reduce that rent. Goulding J [1978] … Continue reading Charles Clements (London) Ltd v Rank City Wall: Chd 1978
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
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 … Continue reading C A Webber (Transport) Ltd v Railtrack plc: CA 15 Jul 2003
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
Short issue as to the requirements for valid ‘service’ of a completion notice so as to bring a newly completed building within liability for non-domestic rates. The notice had been served by email where no statutory authority existed for this. Held: The LA’s appeal succeeded. ‘Against the background of the detailed scheme established by or … Continue reading UKI (Kingsway) Ltd v Westminster City Council: SC 17 Dec 2018
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
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
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
The landlord served a notice to terminate the tenancy. By mistake the tenant’s solicitors served a counter-notice that their client did not wish to renew. Realising their mistake, they served a second counter-notice, purporting to revoke the first. The second notice was still within the two-month limit from the landlords section 25 notice. They now … Continue reading Pennycook v Shaws (EAL) Ltd: ChD 28 Nov 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
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
The question which arises on this appeal is whether it is open to the landlord to oppose the grant of a new business tenancy if the works which he says that he intends to carry out have no purpose other than to get rid of the tenant and would not be undertaken if the tenant … Continue reading S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018
The landlord opposed the grant of a new lease, saying that he wanted to demolish the premises. It was known that he wanted to dispose of the premises at a later date. The judge found that the intention to demolish was genuine but that it was colourable because it was simply a device to be … Continue reading Turner v Wandsworth London Borough Council: CA 1994
Opposition to grant of new tenancy Mr Justice Marcus Smith [2021] EWHC 2847 (Ch) Bailii Landlord and Tenant Act 1954 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.669162
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
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
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
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
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 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
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
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
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
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
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
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
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
Tenant’s First Notice to terminate, stood The landlord served a notice to terminate the business lease. The tenant first served a notice to say that it would not seek a new lease, but then, and still within the time limit, it served a second counter-notice seeking a new tenancy. The landlord sought to rely upon … Continue reading Shaws (EAL) Ltd v Pennycook: CA 2 Feb 2004
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
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
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
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
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
LT COMPENSATION – preliminary issue – disturbance payment – Land Compensation Act 1973 s 37 – business premises acquired by authority with compulsory purchase powers – land later developed by company with lease . .
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
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 . .
Orse TFS Stores Limited -v- BMG Ltd . .
The tenant had acquired from the defendant a lease of access rights to its premises. It sought a renewed tenancy under the 1954 Act.
Held: A lease of an easement on its own was not a lease of premises, and the tenancy was not protected under . .
The tenant had served a s26 notice, but it was invalid in specifying a date too early. Not seeing this, the landlord at first said it would not oppose a new tenancy, and gave no counter-notice and went on to apply for an interim rent. On later . .
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
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″
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
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References: [1978] 1 EGLR 47, [1978] 246 EG 739 Coram: Goulding J When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions on use … Continue reading Charles Clements (London) Ltd v Rank City Wall; Chd 1978
Judges: Ormrod LJ, Geoffrey Lane LJ Citations: (1979) P and CR 392 Statutes: Landlord and Tenant Act 1954 Part II Jurisdiction: England and Wales Cited by: Cited – Ganton House Investments Ltd v Punch Pub Company (Vpr) Ltd and others CA 28-Aug-2002 Renewed application for leave to appeal against grant of an order that tenancy … Continue reading Kirkwood v Johnson: CA 1979
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
(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008
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
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
A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of which a lease is granted. ‘… but no … Continue reading Bracey v Read: 1963
The section in the earlier Act was modified to give effect to the 1978 Act. Citations: [1990] 1 EGLR 92 Statutes: Landlord and Tenant Act 1927 23, Interpretation Act 1978 7 Jurisdiction: England and Wales Cited by: Explained – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a … Continue reading Lex Services plc v Johns: 1990
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
The Landlord resisted a new tenancy under the 1954 Act saying that it intended to demolish and redevelop. Held: The lease had provisions which would allow the landlord to do the works required without refusing a renewal. It should be renewed. The 1954 Act is not to be allowed to stand in the way of … Continue reading Heath v Drown: HL 1973
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
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
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
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
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
A restaurant run within a pub is within the scope of the section and a Part II tenancy, despite being open to pub customers. Citations: Times 08-Jul-1993, Ind Summary 26-Jul-1993 Statutes: Landlord and Tenanct Act 1954 Part II, 43 (1)(d) Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.89743
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
The tenant appealed against rejection of his claim for a new tenancy after a finding by the judge that the landlord did as he said wish to redevelop the land. Judges: McCombe, Vos, Burnett LJJ Citations: [2016] Ch 37, [2015] EWCA Civ 23, [2015] WLR(D) 39 Links: Bailii, WLRD Statutes: Landlord and Tenant Act 1954 … Continue reading Hough v Greathall Ltd: CA 27 Jan 2015
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
The court was asked as to the validity of a section 24 notice. In his notice the landlord had stated that he would not oppose the grant of a new tenancy. The tenant failed to serve a counter-notice but then contended that the section 24 notice was invalid because it omitted some of the notes … Continue reading Tegerdine v Brooks: CA 1977
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
The landlord served his notice to determine the tenancy on the last day of a 30 day month. The tenant served his counternotice on the 31st day of the month four months later. Held: Dismissing the tenant’s appeal, the House found that the court had no jurisdiction to hear the tenant’s application; he was one … Continue reading Dodds v Walker: HL 1981
Judges: Newey J Citations: [2011] EWHC 3130 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1954 Landlord and Tenant Updated: 28 September 2022; Ref: scu.449019
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
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
Judges: Morgan J Citations: [2011] EWHC 1184 (Ch) Links: Bailii 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 from the landlord defendant. The defendant resisted saying it intended to operate its own business, and … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 11 May 2011
The landlord served notice in a form which contained two alternatives, but he failed to strike out one. He added a statement as to why he opposed a new tenancy. Held: The notice was effective.Templeman J said: ‘No one reading that notice can be in the slightest doubt; the landlord accidently failed to strike out … Continue reading Lewis v MTC Cars Ltd: ChD 1974
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
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
As to the landlord’s intention to reconstruct the premises on opposing a renewal: ‘[a] man cannot properly be said to ‘intend’ to do . . work when he has not got the means to carry it out. He may hope to do so; he will not have the intention to do so.’ Judges: Denning LJ … Continue reading Reohorn v Barry Corporation: CA 1956
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
The State re-acquired a former Yugoslavian Army flat and brought a civil action seeking the applicant’s eviction on the basis that he never obtained a specially protected tenancy under domestic law. The Croatian court ordered his eviction. Held: The national court had not analysed the proportionality of the measure, and had breached Article 8: ‘In … Continue reading Paulic v Croatia: ECHR 22 Oct 2009
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
ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to protect the right of a bona fide purchaser and to ensure legal certainty. Held: Neither interest proposed was … Continue reading Zehentner v Austria: ECHR 16 Jul 2009
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
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
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
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
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
Lord Denning MR doubted whether the mere letting of an incorporeal hereditament could be occupation so as to be the subject of a new tenancy within the 1954 Act. However, since the fishing rights had been used for the purposes of a business in connection with a room that was also let by the same … Continue reading Jones v Christy: CA 1963
Citations: [2005] EWCA Civ 403 Links: Bailii Statutes: Landlord and Tenant Act 1954 30(1) Jurisdiction: England and Wales Landlord and Tenant Updated: 29 June 2022; Ref: scu.224248
