The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the investigation, saying that it had infringed his Artricle 3 human rights. The Sheriff rejected … Continue reading Ruddy v Chief Constable, Strathclyde Police and Another: SC 28 Nov 2012
Limitations to Judicial Reviw of Upper Tribunal Three claimants sought to challenge decisions of various Upper Tribunals by way of judicial review. In each case the request for judicial review had been first refused on the basis that having been explicitly designated as higher courts, the proper scope of judicial review was limited or excluded. … Continue reading Cart v The Upper Tribunal: SC 21 Jun 2011
The defendant tenant compny and its directors appealed against a finding that it was liable to the landlord of premises of which it had been tenant in respect of repairs to te walls of the property after removal of tenant’s fixtures and fittings installed by previous tenants and which had pierced the walls. Held: The … Continue reading Mancetter Developments Ltd v Garmanson Ltd and Another: CA 20 Dec 1985
Judge’s Reasons Must Show How Reached In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision. Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the decision in their case had been arrived at. Flannery preceded … Continue reading English v Emery Reimbold and Strick Ltd; etc, (Practice Note): CA 30 Apr 2002
The court was asked, whether asked to grant possession against a disabled tenant where the grounds for possession were mandatory. The defendant was a secure tenant with a history of psychiatric disability. He had set out to buy his flat, but the council sought possession when it discovered that he had sublet. Held: Section 23(3)(c) … Continue reading London Borough of Lewisham v Malcolm and Disability Rights Commission: CA 25 Jul 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
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live in the house paying rent and sums from the arrears until he died in … Continue reading Austin v Mayor and Burgesses of The London Borough of Southwark: SC 23 Jun 2010
Complex financial instruments insured the indebtedness of Lehman Brothers. On that company’s insolvency a claim was made. It was said that provisions in the documents offended the rule against the anti-deprivation rule. The courts below had upheld the agreements. Held: The appeal failed. The agreement was valid and enforceable. The anti-deprivation rule as such was … Continue reading Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd and Another: SC 27 Jul 2011
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
Guarantee beyond term was unreasonable The tenant objected that the landlord’s conditional consent to an assignment was unreasonable. The purchaser was a dormant company which had never traded. The clause referred to ‘a respectable and responsible assignee or sub-tenant’. The tenant had itself offered a conditional guarantee. Held: A lessor cannot normally reasonably require a … Continue reading Landlord Protect Ltd v St Anselm Development Company Ltd: CA 20 Feb 2009
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
UTLC LANDLORD AND TENANT – stage one consultation notices – whether repairs to railings and supporting wall comprised within ‘external repairs and redecorations’ – section 20 Landlord and Tenant Act 1985 Gerald J [2013] UKUT 480 (LC) Bailii Landlord and Tenant Act 1985 20 England and Wales Landlord and Tenant Updated: 02 November 2021; Ref: … Continue reading Southern Land Securities Ltd v Hodge and Another: UTLC 12 Nov 2013
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
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance. Held: The neighbour’s appeal succeeded. C, but not the freeholder were liable in nuisance. In the … Continue reading Coventry and Others v Lawrence and Another: SC 26 Feb 2014
Deleayed Rates Claims Service made them Defective The council claimed that the defendants were liable for business rates. The defendants said that the notices were defective in not having been served ‘as soon as practicable’, and further that they should not be enforced since the delay had created substantial prejudice. The Council challenged the correctness … Continue reading North Somerset District Council v Honda Motor Europe Ltd and Others: QBD 2 Jul 2010
The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action for defamation if he had acted before receiving formal confirmation of the allegation … Continue reading Patel and Another v K and J Restaurants Ltd and Another: CA 28 Oct 2010
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants. Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to Wednesbury considerations. Nor was it for the proposed tenants’ views to hold sway. At first instance … Continue reading London Borough of Newham v Khatun, Zeb and Iqbal: CA 24 Feb 2004
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
UTLC LANDLORD AND TENANT- service charges – Landlord and Tenant Act 1985 – reasonableness of service charge – fair hearing – appearance of bias – appeal allowed [2012] UKUT 67 (LC) Bailii England and Wales Landlord and Tenant, Natural Justice Updated: 01 November 2021; Ref: scu.460255
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
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit the maximum amount of rent in the proper exercise of that discretionary power. The Act as a … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited: HL 7 Dec 2000
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997
The claimant freeholder sought to install in the tenant’s pub, equipment to monitor sales. It claimed a right for this in the lease. The tenant refused access, saying that the proposed system was inaccurate. The claimant now sought summary relief. Held: There was no arguable defence and summary judgment was granted. The measuring system proposed … Continue reading Unique Pub Properties Ltd v Broard Green Tavern Ltd and Another: ChD 26 Jul 2012
The court was asked ‘whether and if so how an easement arising informally and not protected by any entry at the Land Registry can be effective against a purchaser of the land over which the easement would be exercised.’ The parties respectively owned the ground and first and second floors of a bulding. Access to … Continue reading Chaudhary v Yavuz: CA 22 Nov 2011
Daejan owned the freehold of a block of apartments, managing it through an agency. The tenants were members of a resident’s association. The landlord wished to carry out works, but failed to complete the consultation requirements. The court was . .
UTLC LANDLORD AND TENANT ACT – service charges – consultation requirements for qualifying works – failure at stage 2 to provide summary of observations received during stage 1 consultation period and responses to . .
LT LANDLORD AND TENANT – service charges – whether gardening and internal cleaning costs reasonably incurred – additional 25% deduction by LVT – use of LVT’s own expertise as an expert tribunal – whether . .
Dispensation of all or any of the consultation requirements provided for by Section 20 of the Landlord and Tenant Act 1985 . .
The claimant’s product was made from drawings. The drawings were protected as copyright artistic works. They were reproduced in a three dimensional form by the claimant’s own products. Someone who copied the claimant’s products indirectly copied the . .
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
Under section 24 of the Landlord and Tenant Act 1987 for an appointing a manager and under section 20C of the Landlord and Tenant Act 1985 . .
The defendant tenant said that it had exercised a break clause in the lease held of the claimant. The claimant said the break notice was ineffective because the defendant was in breach of the lease, not having paid an iinsurance service charge, and . .
References: [2003] UKHL 67, Gazette 22-Jan-2004, [2004] STC 73 Links: House of Lords, Bailii Coram: Lord Nicholls of Birkenhead, Lord Steyn, Lord Hoffmann, Lord Millett, Lord Walker of Gestingthorpe When taking a car in part exchange, the company would initially offer the correct market value. If the customer wanted, the company would agree a higher … Continue reading Lex Services plc v Her Majesty’s Commissioners of Customs and Excise: HL 4 Dec 2003
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
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
Section 189 of the Housing Act, which compels a local authority to serve a repair notice wherever they are satisfied that a house is unfit within the meaning of section 604, unless the house is beyond repair, may result in the lawful service of notices in relation to defects which fall short of breaches of … Continue reading Newham London Borough v Patel: 1978
The plaintiff sought damages against the defendant after he was severely injured by inhaling carbon monoxide fumes whilst a tenant of the defendant. The defendant sought to strike out the claim, saying that the plaintiff had himself maintained the fire which caused the injury. Held: The strike out application was misconceived and failed. Judges: Simon … Continue reading Sykes v Harry: CA 14 Oct 1998
A landlord’s policy of carrying out running repairs only can be acceptable if it accords with the age and character of the property. Citations: Gazette 16-Jun-1993, Times 17-May-1993 Statutes: Landlord and Tenant Act 1985 11 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.90005
Ewbank J said: ‘It has been conceded in this case, as in earlier cases, that the internal plasterwork is part of the structure of the house.’Lloyd LJ said: ‘Once it was conceded, as it was, that the plaster was part of the structure it follows that there was a breach of the condition implied by … Continue reading Staves v Leeds City Council: CA 4 Oct 1990
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the keys. The court was asked whether the landlord by his breach had committed a repudiatory … Continue reading Hussain v Mehlman: CC 5 Mar 1992
The tenant occupied a maisonette under a secure tenancy of the plaintiff. She sought damages for breach of the repairing covenant implied under s11. Questions arose as to whether L should have told her not to dry clothes in a heated cupboard so as to cause damp, if she had whether the resulting damp was … Continue reading Southwark London Borough Council v McIntosh: ChD 2002
The claimant was a secure tenant of English Churches Housing Group. He was unemployed and lived on benefits. He claimed damages against his landlord for breaches of the repairing covenants implied by section 11. The court considerd the appropriate level of damages. For the breach of landlord’s covenant to repair. Held: The court allowed the … Continue reading English Churches Housing Group v Shine: CA 7 Apr 2004
The tenant counterclaimed an action by the landlord for rent saying the property had not been repaired under the landlord’s covenant. The water supply had for 33 months been weak, leading to only a trickle of water being available, and there had been a failure to the lighting in the common parts. Only the water … Continue reading Niazi Services Ltd v Johannes Marinus Henricus Van Der Loo: CA 10 Feb 2004
The tenant claimed that the defendant local authority landlord had failed in its duty of repair. A jointly instructed expert gave evidence that the disrepair alleged was not disrepair at all because it was commensurate with the age and type of dwelling, and within the exceptions allowed for within s11(3). Nevertheless the judge at first … Continue reading Montoya v Hackney London Borough Council: QBD 15 Jul 2004
Judges: Teare J Citations: [2008] EWHC 1704 (QB) Links: Bailii Statutes: Landlord and Tenant Act 1985 11 Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.271045
The claimant sub-tenant had been injured entering the block of apartments. He said that the freeholder was responsible despite no report of the disrepair having been made. The lease excused the landlord from unnotified liability. The parties acknowledged that section 11 of the 1985 Act could not be set aside by the contract. Held: The … Continue reading Edwards v Kumarasamy: SC 13 Jul 2016
The scale of the dampness which had to be endured by a tenant led to constant colds and minor ailments being suffered by the plaintiff and her children who had to live in those unhealthy conditions. Held: The legislature had ‘conspicuously refrained’ from updating the statutory rent limit and it was therefore not for the … Continue reading McNerny v London Borough of Lambeth: CA 1988
The claimant was tenant of the defendant under an assured shorthold tenancy. He had tripped injuring himself on a pathway between the front doorway of the block of flats and the rubbish bins. The defendant held the flat himself as a tenant under a long lease. The court was now asked as to the effect … Continue reading Edwards v Kumarasamy: CA 28 Jan 2015
Different claims allowed re-litigation The parties had had long standing disputes as landlord and tenant. They were at one point settled, but the tenant claimed again, and the landlord sought to strike out the claim as an abuse of process, saying the claimant had failed to comply with the pre-action protocol. The tenant now appealed. … Continue reading Henley v Bloom: CA 9 Mar 2010
The tenant had sought an order against the council landlord for failure to repair her dwelling. The defendant appealed refusal of leave to amend the pleadings in anticipation of the trial, now due to start on the following day.
Held: Leave was . .
A ten year shorthold tenancy agreement which was not executed under deed constituted an equitable interest, and since more than five years remained, the tenant had sufficient interest to found a claim for a council grant for renovation and repairs. The concept of an equitable term of years is well known to the law. Citations: … Continue reading Regina v London Borough of Tower Hamlets ex parte Von Goetz: CA 8 Oct 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
UTLC LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – Leasehold Valuation Tribunal (Fees) (England) Regulations 2003 Regulation 9 Citations: [2012] UKUT 374 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 November 2022; Ref: scu.472070
LT SERVICE CHARGES – Landlord and Tenant Act 1985 section 27A – arithmetical error made by Leasehold Valuation Tribunal – correction. Citations: [2006] EWLands LRX – 113 – 2005 Statutes: Landlord and Tenant Act 1985 27A Jurisdiction: England and Wales Landlord and Tenant Updated: 13 November 2022; Ref: scu.244523
Landlord and Tenant – Service Charges – apportionment of liability for service charges – wording in lease rendered void by section 27A(6) of the Landlord and Tenant Act 1985 – effect of lease once void wording deleted Citations: [2020] UKUT 111 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 13 November 2022; … Continue reading Williams v Lessees of 38 Flats In Vista: UTLC 6 Apr 2020
UTLC LANDLORD AND TENANT – service charges – invalid demand because name of landlord not given – whether made valid for purposes of operation of section 20B by later valid demand – section 20C decision – whether reasons adequate – whether discretion properly exercised – appeal and cross-appeal dismissed – Landlord and Tenant Act 1985 … Continue reading Johnson v County Bideford Ltd: UTLC 17 Dec 2012
UTLC LANDLORD AND TENANT – service charges – whether costs of major works and administration charge reasonable and/or reasonably incurred – apportionment – consultation arrangements – capital works programme in accordance with PPC 2000 Contracting Arrangements – s. 20C order – Landlord and Tenant Act 1985 sections 19(1), 20 and 27A – appeal allowed Citations: … Continue reading Hackney v Akhondi: UTLC 10 Dec 2012
Tenants complained that the authority landlord had purported to vary a clause in his secure tenancy agreement which gave certain management rights to tenants. Held: The powers to let on secure tenancies were governed by statute. The clause which was removed was an unlawful fetter on the authorty’s powers and duties. As such the court … Continue reading Kilby v Basildon District Council: Admn 26 Jul 2006
UTLC LANDLORD AND TENANT – reasonableness of service charges – application of the provisions of section 18, 19 and 27A of the LTA 1985 – sufficiency of reasons – the LVT as expert – reasons on refusal to grant permission to appeal – disallowing costs Judges: Walden Smith Judge Citations: [2012] UKUT 154 (LC) Links: … Continue reading London Borough of Havering v MacDonald: UTLC 17 May 2012
The council appealed against the inspector’s decision to grant permission to a construction company to build houses on land. The land had formerly been used as a school playing field and was now surplus to requirements. The Council wished to put the land to recreational uses. They said the inspector had failed to ask whether … Continue reading Christchurch Borough Council v Secretary of State for the Environment: CA 16 Dec 1993
An Application under section 27A and section 20C of the Landlord and Tenant Act 1985 and schedule 11 of the Commonhold and Leasehold Reform Act 2002. Citations: [2014] UKFTT RP – MAN – 00BU – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.629959
Landlord and Tenant Act 1985 – S27A Commonhold and Leasehold Reform Act 2002 – Schedule 11 Paragraph 5 Citations: [2015] UKFTT RP – MAN – 00BY – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 15 October 2022; Ref: scu.626895
The claimants challenged award of a trade mark saying they were owners of many marks incorporating the word ‘Master’ associated with credit, and the applicants mark was too similar to its own. Held: Applying Davidoff, the words can also be read as extending to goods or services which are identical with or similar to those … Continue reading Mastercard International Incorporated v Hitachi Credit (Uk) Plc: ChD 8 Jul 2004
The authority sought to evict their tenant on the ground that he was behaving in a way which was a nuisance to neighbours. The tenant was disabled, and claimed discrimination. Held: In secure tenancies, the authority had to consider the reasonableness of making a possession order, and in situations where it was enforcing a possession … Continue reading Council of the City of Manchester v Romano, Samariz: CA 1 Jul 2004
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed. Held: The appeal failed. Lord Hope said: ‘The court’s task is to ascertain the intention of … Continue reading Multi-Link Leisure Developments Ltd v Lanarkshire Council: SC 17 Nov 2010
The parties, on divorcing had a greed, under court order that W should obtain the release of H from his covenants under the mortgage of the family home. She had been unable to do so, and sought that order to be varied to allow postponement of her performance until the youngest child attained 18. H … Continue reading Birch v Birch: SC 26 Jul 2017
The parties had entered into an option agreement for development of land. The developer purported to exercise an option extendng the applicable period, but having accepted the funds, the land owner denied that it had been validly exercised. Held: The notice was valid. Anyone reading it would understand it as the exercise of the option … Continue reading Rennie v Westbury Homes (Holdings) Ltd: ChD 7 Feb 2007
UTLC LANDLORD AND TENANT – service charges – appeal by way of review – LVT determined the reasonableness of various service charge items – whether LVT failed to give adequate reasons to the prejudice of the landlord – whether LVT failed to take account of relevant evidence – whether LVT misunderstood certain evidence – appeal … Continue reading Peverel Om Ltd v Wernick: UTLC 12 Aug 2010
The tenant was a successor tenant with security, and sought to exercise his right to buy. The authority itself claimed possession saying that the property was too large. Held: The statute gave rise to competing claims.The tenant’s right to buy did not take automatic precedence over the authority’s right to possession. In this case the … Continue reading Basildon District Council v Wahlen: CA 28 Mar 2006
SERVICE CHARGES – Landlord and Tenant Act 1985 s27 – landlord’s costs of application to LVT for declaration – appeal allowed – costs of pounds 18,081.33 recoverable through service charge Citations: [2006] EWLands LRX – 94 – 2005 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.245459
The authority complained that during the course of the trial, the judge had repeatedly intervened during oral evidence. Held: A judge must be careful not to repeatedly intervene during oral evidence as opposed to counsel making submissions. The risk was not whether a reasonable observer would see bias, but that the judge would have descended … Continue reading London Borough of Southwark v Kofi-Adu: CA 23 Mar 2006
The claimant sought to set aside an order requiring him to give up possession of a caravan pitch held under the 1968 Act. Held: The decision to serve a notice to quit which was reasonable on the facts known to the local authority at the time could not be invalidated retrospectively by reference to facts … Continue reading Doran v Liverpool City Council: CA 3 Mar 2009
LT LANDLORD AND TENANT – service charges – liability – whether lessee liable for management costs – held lessee liable for costs incurred in providing specified services under lease but not otherwise – Landlord and Tenant Act 1985 s 27A. Citations: [2008] EWLands LRX – 114 – 2007 Links: Bailii Statutes: Landlord and Tenant Act … Continue reading Norwich City Council v Marshall: LT 23 Oct 2008
LT LANDLORD AND TENANT – service charges – limitation of charges – whether the relevant requirements for obtaining two estimates for the works had been complied with – whether the tenant was properly notified that relevant costs had been incurred in accordance with time limit on making demands – appeal dismissed – Landlord and Tenant … Continue reading London Borough of Islington v Abdel-Malek: LT 7 Aug 2007
The authority had obtained a possession order from its secure tenant but then agreed to accept payments toward the arrears. The tenant applied for and was granted a declaration that she had on that agreement acquired a new tenancy. The authority appealed. Held: The agreement had created a new tenancy even after a final possession … Continue reading Burrows v Brent London Borough Council: HL 31 Oct 1996
The defendant had been subject to a possession order in respect of his secure tenancy. He was later adjudged bankrupt. He asserted that the bankruptcy specifically prevented other action to enforce the debt, and the suspended possession order was such an enforcement. Held: Where the terms of suspension were expressed so as to indicate that … Continue reading Harlow District Council v Hall: CA 28 Feb 2006
The council imposed a parking scheme on one of the estates for which it was landlord. A tenant challenged the scheme saying it could only have been imposed by a byelaw, not a resolution. Held: ‘section 7(1) extends the powers of a housing authority beyond those in section 23(1), or at least avoids any unclarity … Continue reading Akumah v London Borough of Hackney: CA 17 Apr 2002
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. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
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 … Continue reading Checkpoint Ltd v Strathclyde Pension Fund: CA 6 Feb 2003
The applicants were local authority secure tenants. Possession orders had been made, but they sought delay in the order after they had already surrendered possession. Held: Parliament had given wide discretion to the courts to find a balance between the need for local authorities to recover possession where their tenants were in breach, and the … Continue reading Dunn v Bradford Metropolitan District Council etc: CA 31 Jul 2002
A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on April 11 1966. Held: The notice being in appropriate form was effective to … Continue reading Commercial Properties Ltd v Wood: CA 1967
A County Court may stay a right to buy application by the tenant, even though terms had been agreed, in order to await the result of court proceedings for possession against the secure misbehaving tenant. A court’s case management powers can be invoked to determine substantive rights. Judges: Lord Goff of Chieveley, Lord Lloyd of … Continue reading City Council of Bristol v Lovell: HL 26 Feb 1998
LANDLORD AND TENANT – service charges – right to buy c 5 year limitation on service charges – ‘straddling’ these charges – Housing Act 1985, ss 125 and 125A, Sch 6 para 16B – appeal dismissed Citations: [2012] UKUT 295 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 28 May 2022; Ref: … Continue reading London Borough of Havering v Smith: UTLC 21 Aug 2012
UTLC LANDLORD AND TENANT – service charge – Landlord and Tenant Act 1985 s.20B – ‘costs’ are ‘incurred’ when ‘expended’ or ‘become payable’ – gas used from 2001 to 2007 not billed by correct supplier until November 2007 – included in service charge April 2008 – tenant liable Judges: Judge Mole QC Citations: [2012] UKUT … Continue reading OM Property Management Ltd v Burr: UTLC 26 Jan 2012
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AG – LDC – 2013 – 0113 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 May 2022; Ref: scu.623376
The court gave detailed guidance on the application of the new procedures on civil appeals in private law cases introduced on May 2. Appeals from a County Court District Judge’s final decision in a multi-track case could now go straight to the Court of Appeal. Appeals will generally be subject to leave being obtained. An … Continue reading Tanfern Ltd v Cameron-MacDonald, Cameron-MacDonald: CA 12 May 2000
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AH – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623385
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623375
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623381
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00BK – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622969
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 11UB – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622959
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622913
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – OOAW – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.622902
Held. A tenant who continued to stay in property after a possession order was granted, but who paid a sum equivalent to rent as it fell due, and something off the arrears, did not necessarily thereby become a tenant again, but could be viewed as a tolerated trespasser. That status might be compromised as against … Continue reading William Watson Stirling v Leadenhall Residential 2 Ltd: CA 29 Jun 2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might not comply with the terms of the lease, and that the building obligation operated as a use … Continue reading Ashworth Frazer Limited v Gloucester City Council: HL 8 Nov 2001
A local authority landlord had obtained a possession order against the tenant, for arrears of rent, but allowed the tenant to continue in possession, and eventually agreed to the order for possession being revoked. At that time the tenant became a statutory tenant, and was deemed to have been so for the intervening period. The … Continue reading Rogers v Lambeth London Borough Council: CA 10 Nov 1999
Tenants under long leases sought to recover service charges which had been paid over many years, but which they had come to consider unreasonable. The landlords resisted the claim for repayment saying the Tribunal had no power to make an order when the charges had been paid. The tribunal also said that a limitation period … Continue reading Regina v London Leasehold Valuation Tribunal Ex Parte Daejan Properties Ltd: QBD 20 Oct 2000
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004