UTLC LANDLORD AND TENANT – Service Charges- failure of demand to comply with section 47 Landlord and Tenant Act 1987 – whether legal costs of tribunal proceedings and costs of surveyor recoverable pursuant to service charge clause in lease- reimbursement of tribunal fees – appeal allowed in part [2016] UKUT 371 (LC) Bailii Landlord and … Continue reading Cannon and Another v 38 Lambs Conduit Llp: UTLC 11 Aug 2016
An agreement was made for the assignment of the copyright in a music track, but it remained ‘subject to contract’. The assignor later sought to resile from the assignment. Held: It is standard practice in the music licensing business for a licensee and a licensor to enter into a deal memo followed by a long … Continue reading Confetti Records (A Firm), Fundamental Records, Andrew Alcee v Warner Music UK Ltd (Trading As East West Records): ChD 23 May 2003
Appeal against appointment of receiver for tenanted property. Tomlinson LJ [2015] EWCA Civ 1520 Bailii Landlord and Tenant Act 1987 England and Wales Landlord and Tenant Updated: 17 January 2022; Ref: scu.565640
UTLC LANDLORD AND TENANT – appointment of manager – Landlord and Tenant Act 1987 s.24 as amended – landlord accepting that FTTTx entitled to conclude that a manager should be appointed – landlord objecting to the terms of the management order – whether such terms impermissibly wide and disproportionate [2015] UKUT 635 (LC) Bailii Landlord … Continue reading Queensbridge Investments Limited v Lodge and Others: UTLC 19 Nov 2015
To Dispense With The Requirement To Consult Leaseholders – 1985/1987 Act Decisions [2016] UKFTT RP – LON – 00AU – Bailii England and Wales Landlord and Tenant Updated: 05 January 2022; Ref: scu.624756
The tenant complained that the landlord had unreasonably withheld its consent to a proposed assignment. Held: The landlords were not acting unreasonably in refusing consent on grounds which were unexceptionable. Judge Finlay QC said: ‘The landlords here are, in my judgment, entitled to consider the likely effect upon their ability to let other parts of … Continue reading FW Woolworth plc v Charlwood Alliance Properties Ltd: ChD 1987
LEASEHOLD ENFRANCHISEMENT – price payable – Leasehold Reform Act 1967 section 9(1A) – assessment of an element required in the calculation of price namely the value at the valuation date of the existing lease on the statutory assumptions – relativity of that value to freehold vacant possession value – tenant relying upon evidence of a … Continue reading Kosta v Carnwath and Others: UTLC 2 Jul 2014
A grant of an assured tenancy included a clause under which the rent would be increased from pounds 4,680, to pounds 25,000 per year. It was expected that the tenant would be reliant upon Housing Benefit to pay the rent, and that Housing Benefit would be insufficient. Held: The agreement to increase the rent was … Continue reading Bankway Properties Ltd v Penfold-Dunsford and Another: CA 24 Apr 2001
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The former landlord had sold a number of buildings, some of which fell within Part I of the 1987 Act. The section 5 notice had not been served. The vendor had also failed to comply with his duty (under s 5(5)) to ‘sever’ the transaction, and sell the buildings within Part I separately. A majority … Continue reading Kay-Green and Others v Twinsectra Limited: CA 15 May 1996
A consent order provided for a substantial payment to the tenant, who was claiming damages for failure to maintain the premises in good repair. The landlord now sought possession. Held: There was no implied admission that the landlord was entitled to possession under the section.Sir John Donaldson MR: ‘The question which then arises is whether … Continue reading Regina v Bloomsbury and Marylebone County Court, ex parte Blackburne: CA 1985
The claimant landlord sought to recover arrears of its tenant’s rent after the tenant’s insolvency from the defendant under the defendant’s guarantee of the rent. The defendant had argued successfully at first instance that the guarantee had been avoided after the grant of a licence to alter the property. Held: The appeal failed. The Licence … Continue reading Topland Portfolio No 1 Ltd v Smiths News Trading Ltd: CA 21 Jan 2014
UTLC LANDLORD AND TENANT – appointment of manager – whether LVT had power to appoint a receiver – s.24 landlord and Tenant Act 1987 – management order granted largely management functions and words ‘and Receiver’ deleted [2013] UKUT 165 (LC) Bailii Landlord and Tenant Act 1987 24 England and Wales Landlord and Tenant Updated: 25 … Continue reading PC Residents (Finchley Road) Ltd v Abiola and Others: UTLC 8 Apr 2013
The tenant was a secure tenant who surrendered his tenancy anticipating buying the freehold. The surrender went through but not the purchase. The tenant stayed in occupation. Held: A statutory tenancy had come into being and proceedings were required to recover possession. A person who had contracted to buy the freehold reversion of a property … Continue reading Appleton v Aspin and Plane: CA 1987
UTLC LANDLORD AND TENANT – Service Charge dispute – section 47 of the Landlord and Tenant Act 1987 – contents of demand [2012] UKUT 204 (LC) Bailii Landlord and Tenant Act 1987 47 England and Wales Landlord and Tenant Updated: 15 November 2021; Ref: scu.512309
The council had obtained possession orders for two properties from secure tenants, but the orders were suspended for so long as rent arrears were being discharged. The judges had understood that a date must appear on the possession order. Held: McPhail suggested that ‘whereas as against squatters owners of land who obtained an order for … Continue reading Bristol City Council v Hassan and Glastonbury: CA 23 May 2006
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
Properties had been built as substantial single dwellings. Later they had been converted into separate dwellings and let accordingly. The tenants sought to acquire the freeholds under the 1967 Act. Though required by the lease to use the properties as private dwellings, they had been used as short term lets for tourists. The landlord now … Continue reading Day and Another v Hosebay Ltd; Lexgorge Ltd v Howard de Walden Estates Ltd etc: CA 1 Jul 2010
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
The landlords claimed that the tenants remained bound under the lease to occupy and use the premises and pay rent. The tenant said that it had exercised a break option. The landlord said that the break was not exercisable because it had otherwise been in breach of the lease, though that breach had been remedied. … Continue reading Trygort (Number 2) Ltd v UK Home Finance Ltd and Another: SCS 29 Oct 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 parties disputed whether a building was a house ‘reasonably so called’ within the 1987 Act. The instant building was designed or adapted for living in, and was divided horizontally into six flats or maisonettes, and included shops. Held: The appeal failed. The words ‘reasonably so called’ are intended to be words of limitation, so … Continue reading Magnohard Ltd v Cadogan and Another: CA 4 May 2012
The claimant sought a possession order to recover land from trespassers. The court considered whether a possession order was available where not all the land was occupied, and it was feared that the occupiers might simply move onto a different part. Held: The defendants’ appeal was allowed. The court may grant an injunction to prevent … Continue reading Secretary of State for Environment, Food, and Rural Affairs v Meier and Others: SC 1 Dec 2009
The House of Lords were concerned with the correct test to be applied in determining whether asylum seekers are entitled to the status of refugee. That in turn gave rise to an issue, turning upon the proper interpretation of Article 1.A(2) of the Convention. Held: When deciding whether an asylum applicant’s fear of persecution was … Continue reading Regina v Home Secretary, ex parte Sivakumaran: HL 16 Dec 1987
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
LT LANDLORD AND TENANT – section 24 Landlord and Tenant Act 1987 – breadth of LVT’s power to appoint manager -reliance on decision of earlier LVT – whether application raised issue estoppel and/or abuse of process -Cawsand Fort decision – effect of change of law – exercise of power to dismiss under Regulation 11 of … Continue reading Schilling and Another v Canary Riverside Estate Management Ltd: LT 8 Sep 2008
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The House considered the basis of valuation on an acquisition of the freehold reversion of a lease under the 1967 Act of the three elements, the rent, vacant possession after the lease, and the marriage or hope value of the two interests when merged, and particularly the last. Held: In relation to a valuation under … Continue reading Earl Cadogan v Pitts and Wang; Similar: HL 10 Dec 2008
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
Recovery of damages after Refusal of Injunction The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way. Held: The appeal failed. A court may substitute damages for … Continue reading Jaggard v Sawyer and Another: CA 18 Jul 1994
Actions were brought to enforce undertakings given by solicitors to redeem mortgages on the sale of properties, and as to redemption figures provided by lenders who then refused to release the properties. The solicitors had replied to standard form enquiries and confirmed that they acted as the lenders’ agents. Held: The solicitors had no real … Continue reading Angel Solicitors v Jenkins O’Dowd and Barth: ChD 19 Jan 2009
The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The land was never used for road widening and notice to terminate … Continue reading Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992
The court heard preliminary applications in a case asserting acquisition of land by adverse possession, the land being parts of the foreshore of the Severn Estuary.
Held: A person may acquire title to part of the bed of a tidal river by . .
The court considered the effect of section 62 of the 1925 Act.
Sir Nicholas Browne-Wilkinson V-C said: ‘The main intention of Section 62 was to provide a form of statutory shorthand rendering it unnecessary to include such words expressly in . .
Houses in Kensington were let together for a term of just over 50 years. There was just one title for the headlease. Informal subleases of parts had been granted granted at no rent. After several dealings with the titles, and the plaintiffs came to . .
The question of a proprietary estoppel as between landlord and tenant arose. An agreement had been reached subject to contract for the grant of a lease, with an option to purchase. The tenant was allowed into possession before the documentation was . .
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 . .
Wartime regulations were implemented which prohibited the building on land which was already subject to a building lease which required the lessees to erect several shops.
Held: Even if the doctrine of frustration could apply to a lease, the . .
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 . .
Appeal against refusal of relief from forfeiture of lease – appeal based on assertion of waiver by acceptance of rent knowing of the breach.
Held: The appeal was refused. The acceptance of rent was through payment in of a cheque for a sum of . .
The claimant was a property developer, which sought to sell a row of shops at auction. One lot was a Woolworths store, where the company owned both freehold and leasehold interests, with Woolworths occupying an underlease, which the claimant had . .
tribunal appointed manager discharged – manager’s duty to account for funds received – consequences of manager’s failure to account – s.24, Landlord and Tenant Act 1987 – s.25, Tribunals, Courts and Enforcement Act 2007 – rule 8(5), Tribunal . .
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 . .
References: [1987] 2 Lloyd’s Rep 529 Coram: Mr Justice Saville Ratio: Statutes: Third Parties (Rights Against Insurers) Act 1930 1(3) This case is cited by: Appeal from – Socony Mobil Oil Co Inc and others -v- West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padri Island’) (No 2); Firma CF-Trade S.A -v- Newcastle … Continue reading Socony Mobil Oil Co Inc and others v West of England Ship Owners Mutual Insurance Association Ltd (the ‘Padre Island’) (No 2): 1987
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: [1999] EWCA Civ 2068 Links: Bailii Statutes: Landlord and Tenant Act 1987 24
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
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another party. Held: The agreements were upheld, and were not shams even though they had been intended to work around the 1987 … Continue reading Belvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995
The claimant landlord had sought to assert that the let was an assured shorthold tenancy. On a rehearing, the tenant said no notice had been served under section 20. The landlord also now asserted non-payment of rent. Held: A notice which was invalid for the purposes for which it was sent might still fulfil some … Continue reading Drew-Morgan v Hamid-Zadeh: CA 13 May 1999
Appeal from dismissal of claim for relief from forfeiture Citations: [1998] EWCA Civ 1714, [1999] 1 All ER 356, [1999] BCC 967, [1999] BCC 967, [1999] L and TR 374, [1998] EG 159, [1999] 3 WLR 229, [2000] Ch 104, [1999] 1 BCLC 670, (1999) 31 HLR 990, [1998] EGCS 159 Links: Bailii Statutes: Landlord … Continue reading Michaels v Harley House (Marylebone) Limited: CA 6 Nov 1998
Citations: [1998] EWCA Civ 1435 Statutes: Housing Act 1988 S2 g11, Landlord and Tenant Act 1987 48 Jurisdiction: England and Wales Citing: Cited – Rogan v Woodfield Building Services Ltd CA 10-Aug-1994 The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for … Continue reading Morgan v Hamid-Zadeh: CA 15 Sep 1998
Application To Vary Lease By A Party To The Lease Under Section 35 of The Landlord and Tenant Act 1987 Citations: [2014] UKFTT RP – LON – 00AS – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.630169
UTLC LANDLORD AND TENANT – variation of leases – Landlord and Tenant Act 1987 Part IV as amended – service charges – proportionate contributions totalling less than 100% of relevant costs – section 35(2)(f) and (4) – whether order under section 38 varying the leases can be effective from a date earlier than the date … Continue reading Brickfield Properties Ltd v Botten: UTLC 14 Mar 2013
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
The tenant appealed against an order requiring the amendment of what was found to be an obvious error in the lease as to the responsibility of the lessor to make repairs to certain walls and rooves, and the apportionment of liability for payment of any associated costs. Held: The appeal succeeded. There was no obvious … Continue reading Campbell v Daejan Properties Ltd: CA 20 Nov 2012
UTLC LANDLORD AND TENANT – service charges – address of landlord in demand to tenant for rent or other sums – whether address of landlord’s agent sufficient – held that it was not – appeal dismissed – Landlord and Tenant Act 1987 s 47 Citations: [2012] UKUT 133 (LC) Links: Bailii Statutes: Landlord and Tenant … Continue reading Beitov Properties Ltd v Martin: UTLC 8 May 2012
The claimant sought an order allowing the sale of the freehold of the building where she occupied an apartment. The trustees, when proposing to sell the building to the trustees of the Wellcome Trust, should have served notice under section 5 of the Act on the appellant and other qualifying tenants. The section provides for … Continue reading Mainwaring v Trustees of Henry Smith’s Charity (No 1): CA 20 Feb 1996
Application for The Variation of A Management Order Made Under S24, of The Landlord and Tenant Act 1987 Citations: [2015] UKFTT RP – LON – 00AN – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 16 October 2022; Ref: scu.626852
Judges: Gibson LJ, Citations: [2002] EWCA Civ 417 Links: Bailii Statutes: Supreme Court Act 1981 51, Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales Costs, Landlord and Tenant Updated: 13 October 2022; Ref: scu.216971
Citations: [2002] EWCA Civ 668 Links: Bailii Statutes: Landlord and Tenant Act 1987, Leasehold Reform Act 1967 Jurisdiction: England and Wales Landlord and Tenant, Costs Updated: 06 September 2022; Ref: scu.217057
Landlord and Tenant Act, 1987 section 24(4) AND (9) – Power of LVT to give directions to Manager – Incurring costs in attending Landlord’s application to discharge Order – appointing Manager Citations: [2003] EWLands LRX – 49 – 2002 Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant … Continue reading Morshead Mansions Ltd, Re: LT 2 Jul 2003
LT LANDLORD AND TENANT – variation of lease – tenant of flat with full repairing obligations for exterior – difficulties of access for this purpose – whether lease made satisfactory provision for this – substantial rewriting of lease proposed by tenant – held lease made satisfactory provision – appeal dismissed – Landlord and Tenant Act … Continue reading Gianfrancesco v Haughton: LT 6 Mar 2008
Landlord and Tenant – Service Charges – variation of lease – whether lease fails to make satisfactory provision for payment for services provided for the tenant’s benefit – appeal dismissed – section 35 of the Landlord and Tenant Act 1987 Citations: [2019] UKUT 193 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: … Continue reading London Borough of Camden v Morath: UTLC 25 Jun 2019
The head landlord had accepted a surrender of the head lease and granted a new lease. but for a longer term. The claimant company sought, on behalf of the qualifying tenants of the estate, an order for the disposal to it of the original lease under the 1987 Act. The landlord denied that it had … Continue reading Kensington Heights Commercial Company Ltd v Campden Hill Developments Ltd: CA 21 Mar 2007
LANDLORD AND TENANT – fees and costs incurred by a manager appointed under s.24 Landlord and Tenant Act 1987 as amended . . terms of lease insufficiently wide to permit recovery under service charge provisions ( recoverability under terms of order which appointed the manager. Citations: [2006] EWLands LRX – 107 – 2005 Links: Bailii … Continue reading Taylor v Joshi: LT 15 Sep 2006
Judges: Teare J Citations: [2008] EWHC 1474 (QB) Links: Bailii Statutes: Landlord and Tenant Act 1987 87A Jurisdiction: England and Wales Landlord and Tenant Updated: 30 June 2022; Ref: scu.270488
The landlord of premises held under long residential leases at low rents gave notice of its intention to sell the freehold. The tenant objected that separate notices should have been given for the several structures involved. Held: Provided there was sufficient sharing of the joint structures by the separate tenants, the notices would be adequate. … Continue reading Long Acre Securities Ltd v Karet: ChD 3 Mar 2004
The duty placed on a Landlord by the section is to give to the tenant a notice of an address for service for the landlord in writing. Stuart Smith LJ said: ‘what the section requires is that the tenant is told, so that he knows, the landlord’s name and address in England or Wales at … Continue reading Rogan v Woodfield Building Services Ltd: CA 10 Aug 1994
The landlord is to provide a service address if an agricultural tenancy includes a dwelling, but relief from the consequences of non compliance with section 48(1) may be obtained by service of an appropriate notice. Immaterial misdescriptions or inaccuracies which do not have the potential to mislead will not invalidate a notice. Citations: Times 15-Dec-1993, … Continue reading Dallhold Estates (UK) Pty Ltd (In Administration) v Lindsey Trading Props Inc: CA 15 Dec 1993
LANDLORD AND TENANT – part 2 of the Landlord and Tenant Act 1987 – appointment of managers – extension of interim management orders – dispensing with preliminary notices Citations: [2012] UKUT 157 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 26 May 2022; Ref: scu.462560
UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – enforcement of FTT’s order requiring provision of documents and computer records – whether order complied with – whether order should be set aside – jurisdiction of Upper Tribunal in relation to enforcement of final orders of FTT – s.24(4), Landlord and Tenant Act 1987 – s.25, … Continue reading Coates v Marathon Estates Ltd: UTLC 1 Feb 2018
A landlord’s furnishing to his tenants of the particulars of a purchase must state the reason for the statement. A landlord’s reply to a notice which was equivocating as to the validity of claim was not a valid answer. Citations: Times 28-Mar-1997, Gazette 16-Apr-1997 Statutes: Landlord and Tenant Act 1987 11 Jurisdiction: England and Wales … Continue reading Staszewski v Maribella Ltd: CA 28 Mar 1997
Citations: [2003] 2 EGLR 28 Statutes: Lands Tribunal Act 1949 3(4), Landlord and Tenant Act 1987 Jurisdiction: England and Wales Cited by: Cited – Sinclair Gardens Investments (Kensington) Ltd, Regina (on the Application of) v The Lands Tribunal CA 8-Nov-2005 The claimant appealed against a refusal of judicial review of a decision of the Lands … Continue reading Orchard Court Residents’ Association v St Anthony’s Homes Ltd: CA 2003
The word ‘premises’ in s 46(1) of the Landlord and Tenant Act 1987 means the subject matter of the letting and the section applied to an agricultural holding which included a dwelling house. S 48 of the Act was governed by s 46(1) which applied it ‘to premises which consist of or include a dwelling’. … Continue reading Dellhold Estates (UK) Pty Ltd v Lindsey Trading Properties Inc: 1994
A Landlord’s liability to carry out a repair to the tenanted property under the 1985 Act does not arise unless the tenant puts the landlord on notice of the disrepair. The tenant in such cases is under a duty to mitigate his losses. Citations: (1988) 20 HLR 393 Statutes: Landlord and Tenant Act 1987 11 … Continue reading Minchburn v Peck: 1988
Tenants set out to purchase the freehold under the Act. The landlord had later granted a lease of the roof-space and of a car park. The tenant under that new lease did not come within section 4(2). Held: The tenants acquired the freehold free of the lease. Judges: Lady Fox Citations: [1992] 2 EGLR 223 … Continue reading Nolan v Eagle Wharf Developments Ltd: LVT 1992
UTLC Landlord and Tenant – Service Charges – LANDLORD AND TENANT – service charges – validity of service charge demands – whether LVT properly took into account a previous LVT decision – reasonableness of electricity and water costs – whether landlord entitled to fund arrears of service charges through an uplift in service charges – … Continue reading Roberts v Countryside Residential (South West) Ltd, Re Dray Court: UTLC 26 Sep 2017
The Defendant owned the freehold. He transferred the property to a S Ltd of which he had control, and which executed a deed declaring that it was held in trust for the defendant. On learning this the majority tenants formed the claimant company to seek to purchase the freehold. S Ltd transferred the property to … Continue reading Artist Court Collective Ltd v Khan: ChD 7 Oct 2016
UTLC LANDLORD AND TENANT – service charges — drafting error in lease apparently entitling landlord to recover about 3000% of relevant expenses — no application yet made for variation under Landlord and Tenant Act 1987 section 35 and following — amount recoverable by way of on account payments in respect of service charge — Landlord … Continue reading Thomas Homes Ltd v MacGregor: UTLC 14 Nov 2016
UTLC LANDLORD AND TENANT – RIGHT TO MANAGE – address for service of claim notice – whether address notified to RTM company – whether superseded by address on subsequent service charge demands given to company members – consequence of failure to serve claim notice at correct address – section 111(4), Commonhold and Leasehold Reform Act … Continue reading Gateway Property Holdings Ltd v Ross Wharf RTM Company Ltd: UTLC 29 Feb 2016
An Application for The Appointment of A Manager Under The Provisions In Part Ii Pf The Landlord and Tenant Act 1987 [2016] UKFTT RP – LON – 00AU – Bailii England and Wales Landlord and Tenant Updated: 08 January 2022; Ref: scu.624939
UTLC LANDLORD AND TENANT – Service charges – amendment of leases under S.35 Landlord and Tenant Act 1987 in order to make satisfactory provision with respect to the computation of service charge – lessee purchasing lease of flat in knowledge of the ongoing application to a leasehold valuation tribunal to amend the leases in this … Continue reading Parkinson v Keeney Construction Limited: UTLC 16 Nov 2015
UTLC LANDLORD AND TENANT – Variation of Lease -whether appropriate consents are required before an application to vary a lease is made under section 35(1) of the Landlord and Tenant Act 1987 (as amended) pursuant to section 37(5)(b) of that Act [2015] UKUT 508 (LC) Bailii England and Wales Land Updated: 05 January 2022; Ref: … Continue reading Simon v St Mildreds Court Residents Association Ltd: UTLC 16 Sep 2015
Service on a solicitor who does not have authority to accept service of the particular notice on behalf of his client is not valid service on that party. [2007] EWCA Civ 388, [2007] L and TR 28 Bailii Leasehold Reform Housing and Urban Development Act 1993, Landlord and Tenant Act 1987 48 England and Wales … Continue reading Glen International Ltd v Triplerose Ltd: CA 23 Mar 2007
UTLC LANDLORD AND TENANT – service charges – scope of compromise agreed in correspondence – identity of landlord – validity of service charge demands – section 47, Landlord and Tenant Act 1987 – appeal allowed in part [2015] UKUT 221 (LC) Bailii Landlord and Tenant Act 1987 47 England and Wales Landlord and Tenant Updated: … Continue reading Tedla v Cameret Court Residents Association Ltd: UTLC 20 May 2015
UTLC LANDLORD AND TENANT – service charges – estimated charges – management company failing to prepare audited services charge accounts and relying on company accounts and budgets when estimating sums payable – whether demands compliant with terms of lease – s. 47, Landlord and Tenant Act 1987 – service charges payable to management company – … Continue reading Pendra Loweth Management Ltd v North: UTLC 19 Mar 2015
UTLC LANDLORD AND TENANT – appointment of manager – whether refusal to postpone hearing unfair – whether appropriate tribunal may confer power for manager to disclaim lease of commercial premises — s. 24, Landlord and Tenant Act 1987 – appeal allowed in part [2015] UKUT 55 (LC) Bailii Landlord and Tenant Act 1987 24 England … Continue reading Sennadine Properties Ltd v Heelis: UTLC 23 Feb 2015
The tenants sought to acquire the freehold under the Act. The landlord sought to exclude the gardens and other appurtenancies. Held: They had been included in the demise of the flats and were to be included in the title to be purchased. The l987 Act is ‘ill-drafted, complicated and confused’. Browne-Wilkinson VC [1991] 1 WLR … Continue reading Denetower Ltd v Toop: CA 1991
Tenants asserted a right of first refusal under the 1987 Act on a proposed disposal of the freehold. Mr Justice Warren [2008] EWHC 350 (Ch), [2008] 2 EGLR 141, [2008] 1 P and CR DG23, [2008] L and TR 12, [2008] NPC 25, [2008] 2 P and CR 3, [2008] 9 EG 200 (CS) Bailii … Continue reading Dartmouth Court Blackheath Ltd v Berisworth Ltd: ChD 27 Feb 2008
UTLC LANDLORD AND TENANT – service charges – whether any credit for overpayment should be given to all leaseholders or just appellant – whether respondent’s conduct amounting to breach of trust and/or RICS Code of Conduct – whether VAT on electricity supply to common parts of blocks of flats should be charged at reduced rate … Continue reading MacGregor v BM Samuels Finance Group Ltd: UTLC 21 Oct 2013
UTLC LANDLORD AND TENANT – service of notices -sections 47 and 48 Landlord and Tenant Act 1987 Judge Nigel Gerald [2013] UKUT 493 (LC) Bailii England and Wales Landlord and Tenant Updated: 25 November 2021; Ref: scu.517599
Appointment of Manager – Section 24 Landlord and Tenant Act 1987 [2015] UKFTT RP – MAN – 00CM – Bailii England and Wales Landlord and Tenant Updated: 17 November 2021; Ref: scu.626714
Possessing Proceedings Notice Not a Rent Demand The landlord’s notice of proceedings for possession gave the agent’s address, but not that of the landlord. The parties disputed whether it was a demand for rent and its validity. Held: It was not a demand for rent, and did not require the landlord’s own name and address. … Continue reading Prempeh v Lakhany: CA 30 Oct 2020
Coleridge J: ‘the covenants must have been strictly kept, or, if broken, must have been satisfied for. So understood, the words import a condition precedent neither impossible nor unreasonable; and where that is clearly the case, the mere difficulty of performance, from the number or nature of the covenants to be performed, – a fact … Continue reading Grey v Friar: 1854
The court had appointed a manager of the converted house under the Act. The tenants sought to set off against the sums payable under the lease, the costs of repairs. The manager asserted that whilst he owed some duty of care, it was not a full duty to repair. Held: The appointment of the manager … Continue reading Taylor v Blaquiere: CA 14 Nov 2002
The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of the 1977 Act. She received housing benefit. She said she had been driven out … Continue reading Kerr v Stephens: CA 15 Feb 2006
A person in actual occupation of registered land at time of transfer can enforce his rights against the transferee. A sub-underlessee in occupation of part could enforce an option to purchase against the freeholder acquiring intermediate registered title. Actual occupation of part of the land comprised in a registered disposition protected a right or interest … Continue reading Ferrishurst Ltd v Wallcite Ltd: CA 30 Nov 1998
(Ireland) A tenant subject to a re-entry clause in his tenancy agreement in the case of his being made bankrupt, and who had gone bankrupt had broken an obligation of his tenancy. He was not protected from an order for possession. ‘The tenant here has broken one of the conditions of his tenancy by allowing … Continue reading In re Drew (A Bankrupt): 1929
The court was asked whether a lease constituted an incumbrance on a title: ‘In the first place, I am not satisfied that a lease was an incumbrance to these parties. It is true that in certain circumstancess a lease may be regarded as an incumbrance, but it seems to me that an incumbrance, normally, is … Continue reading District Bank v Webb: 1958
The appellant challenged a formal statutory demand which had led to his bankruptcy. The demand had included the anticipated cost of realising the charged property, and also had been inflated to allow for extra costs of dealing the appellant who was perceived to be recalcitrant and unco-operative. Held: The statutory demand could only include sums … Continue reading Owo-Samson v Barclays Bank Plc, Boyden: CA 21 May 2003
