Section 9(1A) of the 1967 Act makes no express reference to a ‘willing buyer’, but it is implied by the assumption of a sale in the ‘open market’. Judges: Fox LJ Citations: [1987] 1 EGLR 132 Statutes: Leasehold Reform Act 1967 9(1A) Jurisdiction: England and Wales Cited by: Cited – Earl Cadogan v Pitts and … Continue reading Dennis and Robinson Ltd v Kiossos Establishment: CA 1987
(High Court of Australia) The court consdered the situation where a surety was called after alteration of the contract secured: ‘to hold the surety to its bargain, the creditor must show that the nature of the alteration can be beneficial to the surety only or that by its nature it cannot in any circumstances increase … Continue reading Ankar Pty Ltd v National Westminster Finance (Australia) Ltd: 1987
The tenant had taken the lease in his own, name and later incorporated the business. He sought a new tenancy. Held: The company occupied the premises, not the claimant, and he was not entitled to a new lease. Citations: [1987] 2 EGLR 91 Statutes: Landlord and Tenant Act 1954 Landlord and Tenant Updated: 30 April … Continue reading Nozari-Zadeh v Pearl Assurance plc: 1987
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and should have removed the neighbour, or warned them when their attempts to remove … Continue reading Mitchell and Another v Glasgow City Council: HL 18 Feb 2009
Tenants sought enfranchisement of their properties, but 75% of building consisted of a shop, and only 25% was living accomodation. Held: The tenants were entitled to buy the freehold. The question whether a building is a house ‘reasonably so called’ is one of law. The House made two particular points of general application on the … Continue reading Tandon v Trustees of Spurgeons Homes: HL 1982
Tenants sought to exercise their rights to purchase the freehold under the 1987 Act. The landlord had granted a reversionary lease of part to her husband. Held: The tenants took the freehold subject to the lease. Judges: Lady Fox Citations: [1990] 2 EGLR 230 Statutes: Landlord and Tenant Act 1987 5 Jurisdiction: England and Wales … Continue reading Englefield Court Tenants v Skeels: LVT 1990
LANDLORD AND TENANT – APPOINTMENT OF MANAGER – s24 Landlord and Tenant Act 1987 – powers and procedures on appointment Citations: [2015] UKUT 530 (LC) Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 03 April 2022; Ref: scu.655602
The Claimant challenged the decision of the First-tier Tribunal (Property Chamber) appointing a manager of property known as the Fort, Cawsand, Torpoint, Cornwall under Part II section 24 of the Landlord and Tenant Act 1987, on the ground that the tribunal went beyond its powers in purporting to appoint a manager of property which is … Continue reading Cawsand Fort Management Company Ltd, Regina (on The Application of) v Kane and Others: Admn 18 Nov 2014
Judges: Nugee J Citations: [2016] EWHC 3608 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1987 Jurisdiction: England and Wales Landlord and Tenant Updated: 28 March 2022; Ref: scu.592668
Judges: Walden-Smith HHJ Citations: [2017] EWHC 877 (Ch) Links: Bailii Statutes: Landlord and Tenant Act 1987 24 Jurisdiction: England and Wales Landlord and Tenant Updated: 25 March 2022; Ref: scu.583681
The court was asked to set pitch fees on a registered mobile home site. The site owner had sought to rely upon the fact of the order which cut from 15 per cent to 10 per cent the maximum commission chargeable by a site owner on an occupier’s assignment of his mobile home that reduction … Continue reading Stroud v Weir Associates: CA 1987
The taxpayers used schemes to create allowable losses, and now appealed assessment to tax. The schemes involved a series of transactions none of which were a sham, but which had the effect of cancelling each other out. Held: If the true nature of the transactions could be seen by looking at them all together, then … Continue reading W T Ramsay Ltd v Inland Revenue Commissioners: HL 12 Mar 1981
UTLC LANDLORD AND TENANT – SERVICE CHARGES – payment on account -approach to reasonableness of estimated expenditure where determination occurs after period of account – expenditure not incurred – whether to be taken into account – necessary adjustment – section 19(2), Landlord and Tenant Act 1987 – appeal dismissed Citations: [2017] UKUT 3 (LC) Links: … Continue reading Knapper and Others (Members of Point Curlew Tenants Association) v Francis and Another: UTLC 10 Jan 2017
Section 35 and Section 20C – 1985/1987 Act Decisions [2016] UKFTT RP – CAM – 00MG – Bailii England and Wales Landlord and Tenant Updated: 26 January 2022; Ref: scu.624680
UTLC LANDLORD AND TENANT – APPOINTMENT OF MANAGER – application for stay of appointment and for permission to appeal – standard to be applied to proposed appeals against discretionary decisions – use of first-tier tribunal’s power to give directions to manager or to amend order – s.24, Landlord and Tenant Act 1987 – applications refused … Continue reading Octagon Overseas Ltd and Another v Various Leaseholders: UTLC 1 Nov 2016
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
The defendant wrongly used and asserted a right of way over a private road to a house which he had built. Held: To restrain the defendant from using the road would render the new house uninhabitable. The court refused an injunction on the grounds of the plaintiff’s delay in commencing proceedings. The defendant was ‘liable … Continue reading Bracewell v Appleby: ChD 1975
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
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
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
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
Unrelated Detriment was no Discrimination The tenant had left his flat and sublet it so as to allow the landlord authority an apparently unanswerable claim for possession. The authority appealed a finding that they had to take into account the fact that the tenant was disabled and make reasonable adjustments. Held: The authority’s appeal succeeded. … Continue reading London Borough of Lewisham v Malcolm: HL 25 Jun 2008
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 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
The court faced ‘a jury question to be determined by applying ordinary common sense’. And ‘The question posed and to be answered by ordinary commonsense standards, is whether the particular premises are in the personal occupation of the tenant as the tenant’s ‘home”‘The word ‘home’ itself is not easy of exact definition, but the question … Continue reading Beck v Scholz: CA 1953
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land. Held: The defendant was entitled to exercise and did validly exercise the break clause. The purpose … Continue reading Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004
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
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
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
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
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
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed. Held: The vertical division meant that the two houses could not be enfranchised as one under the Act. The Act also provided that where a property had been divided in such a way … Continue reading Malekshad v Howard de Walden Estates Limited: HL 5 Dec 2002
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
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 . .
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 . .
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 . .
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
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
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
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
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
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
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
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
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 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
The tenants of a unit on a large shopping centre found the business losing money, and closed it in contravention of a ‘keep open’ clause in the lease. They now appealed from a mandatory injunction requiring them to keep the store open. Held: Specific performance is an exceptional remedy, as opposed to the common law … Continue reading Co-Operative Insurance Society Ltd v Argyll Stores: HL 21 May 1997
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
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
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00AG – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 12 November 2022; Ref: scu.622966
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 respondent mortgagee had obtained an order for possession against the mortgagor freeholder, referred to in the judgment as ‘the Chief’, who had, prior to the mortgage, granted a tenancy to the appellant. Held: The landlord’s retention of a right to use the kitchen made the tenancy a restricted tenancy even though no use was … Continue reading The Mortgage Corporation Ltd v Ubah: CA 21 Mar 1996
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
Where a party enters into an arrangement which can only take effect by the continuance of an existing state of circumstances, there is an implied engagement on his part that he will do nothing of his own motion to put an end to that state of circumstances.Lord Atkin said: ‘The arrangement between the parties appears … Continue reading Shirlaw v Southern Foundries (1926) Ltd: HL 1940
The tenants on a registered mobile home site appealed a decision that they shoud contribute to the expenses of lopping trees at the edge of the site by including it in the pitch fee. The site owner said that it had been carried out for the benefit of the site and was recoverable under the … Continue reading Walker v Badcock: CA 24 Jun 1997
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CHI – 29UQ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 01 October 2022; Ref: scu.622957
1985/1987 Act Decisions Citations: [2013] UKFTT RP – LON – 00 – B Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 September 2022; Ref: scu.622901
1985/1987 Act Decisions Citations: [2013] UKFTT RP – CAM – 26UJ – Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 September 2022; Ref: scu.622953
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
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
