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
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
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
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
(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 lease provided for a rent review under which the rent might either be increased or decreased. The landlord had chosen not to exercise the clause in view of falling rents. The tenant purported to do so. The landlord said that it alone had the right to start the procedure. Held: There was no presumption … Continue reading Hemingway Realty Ltd v Clothworkers’ Company: ChD 8 Mar 2005
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 plaintiff was the tenant of a flat in a block of flats owned by the defendant. When the flat immediately above the plaintiff’s flat became vacant, she requested the defendant to board it up so as to secure it against intruders. The defendant took no effective steps to secure the upper flat and on … Continue reading King v Liverpool City Council: CA 1986
The 1870 Act applied where an employee’s contract was terminated in the course of a period at the end of which payment would be made. Scott J said: ‘Mr Goudie submitted that the real question was whether a teacher was entitled to be paid for the period of 35 minutes that he or she had … Continue reading Sim v Rotherham Metropolitan Borough Council: 1981
A statutory demand was served against the guarantor of the lease after rent arrears arose. He applied for the demand to be set aside, and now appealed against its refusal. He said that the court would have set aside such a demand against the tenant, and should provide similar relief to a guarantor. Held: (Mummery … Continue reading Remblance v Octagon Assets Ltd: CA 17 Jun 2009
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
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 employer appealed against findings of unfair dismissal and disability discrimination. The employee worked in IT. He was profoundly deaf, but could lip read and read sign language. He had been accused of obtaining improper access to a senior staff member’s emails. During the disciplinary hearing, he had been assisted by an interpreter for part … Continue reading Taylor v OCS Group Ltd: CA 31 May 2006
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 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
The claimant music producer and songwriter had entered into a publishers agreement with the defendant, agreeing to work for it. He now sought to be free to work for another company. The factual background was unclear, and the contract documentation self contradictory as to its term. Held: The court had first to try to read … Continue reading Taylor v Rive Droite Music Ltd: ChD 6 Jul 2004
When a tenancy was terminated and was followed by a statutory tenancy, a term in the contractual tenancy that the tenancy should be forfeit on the tenant’s bankruptcy was continued in and inherited by the statutory tenancy. Though perhaps in conveyancing terms there was no positive obligation not to become bankrupt, the Acts should be … Continue reading Cadogan Estates Limited v McMahon: HL 26 Oct 2000
The tenant’s covenants included an obligation ‘to keep in good and substantial repair . . the demised premises and every part thereof.’ Held: A repairing covenant does not require a defect in design to be made good. One cannot have an existing obligation to repair unless and until there is a disrepair.Slade LJ said: ‘In … Continue reading Post Office v Aquarius: CA 2 Jan 1985
The applicant sought the leasehold enfranchisement of two leasehold properties. They were contained in separate leases, but the property had been treated as one for some time. A part of one property extended under part of the other. The claim was resisted on the basis that there was more than one building as required by … Continue reading Malekshad v Howard De Walden Estates Limited: CA 23 May 2001
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
The term was to expire on 25 March 1988. The landlord served a section 25(1) notice to determine the tenancy on 1 March 1989 to which the tenants responded with a notice under section 27(2) to determine the tenancy on 24 June 1988. In fact the tenants vacated the property on or immediately before 25 … Continue reading Longacre Securities Ltd v Electro Acoustic Industries Ltd: CA 1990
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
Premises known as the Red Lion Inn, Grasmere and certain outbuildings were let. In February 1852, Walker allowed one Usher, who owned the Red Lion Inn, to build a shed on his (Walker’s) adjoining land in return for a rent of 1s. a year. In November 1852, Usher demised the Red Lion Inn to Hodson … Continue reading Hodson v Walker: CEC 1872
(West Africa) Care must be taken in respect of the notion that merely standing by and waiting to see the outcome of a case in which the non-party has an interest, without more, involves an abuse of process. The parties now disputed title to land, but it was complained that the title had been determined … Continue reading Nana Ofori Atta (II) v Nana Abu Bonsra (II): PC 1958
A notice of appeal was given against an enforcement notice, under the Act which required that an appeal should be made by notice in writing to the minister, ‘which shall indicate the grounds of the appeal and state the facts on which it is based’. Failure to submit a valid notice of appeal within the … Continue reading Howard v Secretary of State: CA 1975
The tenant of a mine was liable to pay the landlord’s costs of the grant of the lease. The tenant’s liability was based on custom, which required the tenant to pay the costs of drawing, settling and completing the lease. The tenant asked for an assessment of the bill of costs. The bill included a … Continue reading In re Gray: 1901
Where a local authority, having paid housing benefit in excess to a landlord, sought to recover that excess from him, it could not do so otherwise than in accordance with the regulations which provided for this. It was not open to the authority to deduct any overpayment from later payments, and if it did so, … Continue reading Jones v Waveney District Council: CA 17 Dec 1999
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim. Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate which applied at different times following the damage. He could do so, because of the … Continue reading Adcock v Co-Operative Insurance Society Ltd: CA 26 Apr 2000
The land-owner held an agricultural holding. He wanted to let it but, in doing so, to deprive the tenant of the benefit of the statutory regime giving security of tenure. So he let the property to his wife, and his wife granted a sub-tenancy to the defendant. The freeholder subsequently died and his personal representatives … Continue reading Gisborne v Burton: CA 1988
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
Devlin LJ said: ‘For example, a man selling a part of his land might object to a refreshment pavilion on his boundary. Provided that the erection of a refreshment pavilion on that spot was not essential to the use of the land as a pleasure ground, the local authority could properly covenant not to erect … Continue reading Blake v Hendon Corporation: CA 1962
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
Buildings were let for a term of 17 years. The tenant had the right to terminate the lease after the first five or ten years of the term if it gave notice to that effect and if it ‘shall up to the time of determination . . perform and observe the covenants . . but … Continue reading Simons v Associated Furnishers Ltd: 1931
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
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
The court will not add a person as a defendant to an existing action if the claim was already statute-barred and he wished to rely on that defence, and if the court allows such addition ex parte it will not, on objection allow the addition to stand. Where a defendant is added under Ord.15 r.6 … Continue reading Liff v Peasley: CA 1980
The claimant had taken two leases, but had been made subject to beer ties with the defendant. He claimed damages for the losses, saying he had been forced to pay higher prices than those allowed to non-tied houses, and that the agreement was anti-competitive, and that the individual exemption from the EC Treaty obligations which … Continue reading Crehan v Inntrepreneur Pub Company (CPC): CA 21 May 2004
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 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
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
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 – 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
Purchaser with notice bound in Equity A, being seised of the centre garden and some houses in Leicester Square, conveyed the garden to B in fee, and B covenanted for himself and his assigns to keep the garden unbuilt upon. Held: A purchaser from B, with notice of the covenant, was bound by it in … Continue reading Tulk v Moxhay: 22 Dec 1848
The tenant had applied to the landlord for consent to assign certain leases. The court had declared the right to exercise break clauses in certain leases as lost. The court had found the right to be lost after the assignment of the leases by the original tenant, that the exercise of a break clauses limited … Continue reading JBW Group Ltd v Westminster City Council: CA 12 Mar 2010
The curtilage of a house is narrowly confined to the area surrounding it and did not extend to a paddock. Buckley LJ said: ‘In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately associated with the latter as to lead to the conclusion that the … Continue reading Methuen-Campbell v Walters: CA 1978
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
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
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
Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999
No Frustration of Lease through loss of access The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated. Held: The lease was not frustrated. The lease had a term of ten years, and the interruption was … Continue reading National Carriers Ltd v Panalpina (Northern) Ltd: HL 11 Dec 1980
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
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
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 claimants sought commission or a quantum meruit for the part they had taken in finding a suitable site for the defendant’s High Commission in London. Held: The works undertaken were consistent with the claimant seeking work from the defendant. No contract had been signed, and the defendant had indicated a reluctance to agree to … Continue reading MSM Consulting Ltd v United Republic of Tanzania: QBD 30 Jan 2009
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The tenant under a long lease sought enfranchisement. The landlord denied that it was a ‘house’ reasonably so called within the 1967 Act. The building had been constructed as a house, but was now substantially used as offices. They could only be used under the lease as to 11.5% for residential purposes, the remainder of … Continue reading Grosvenor Estates Ltd v Prospect Estates Ltd: CA 21 Nov 2008
The landlord and the ‘tenant’ specifically agreed that the tenancy should be granted to a limited company formed by the tenant, which it was legitimate for them to do so as to avoid the Rent Acts, and the tenant had taken legal advice. Held: In these circumstances the individual who had formed the company could … Continue reading Hilton v Plustitle Ltd: CA 1988
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
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
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
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 . .
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 building had been constructed in 1869. It was used as a house on three floors with a basement. The ground floor was later used as a shoe repairing shop and then as a betting shop with living accommodation still used for dwelling purposes in the . .
Three Leases of the Peter Jones site to T’s predecessor in 1934 contained covenants by T to redevelop the site in two phases, the second of which related to the MackMurdo and Simon’s Street buildings and was to be completed by December 25 1987. In . .
A notice was issued under s 14 of the Conveyancing and Law of Property Act 1881 in which the lessor alleged generally that the lessee had ‘broken the covenants for repairing the inside and outside’ of the demised premises, and required the lessee to . .
The House referred to a schedule of repair served on the tenant: ‘Now the schedule is attacked on several grounds. It is said that it does not tell the tenant what it is he ought to do in order to remedy the breach of which complaint is made. I am . .
References: [1963] 1 QB 887, [1963] 1 All ER 500 Coram: Sachs J Ratio: To demand rent may waive a right to forfeiture. Sachs J said: ‘When one looks at the authorities, it is, however, clear that a demand can operate as a waiver in the same way as an acceptance.’ Also the landlord’s own … Continue reading Segal Securities Limited v Thoseby: 1963
References: (1848) 2 Ph 774, [1848] 1 H & TW 105, [1848] 18 LJ Ch 83, [1848] 13 LTOS 21, [1848] 13 Jur 89, [1848] 41 ER 1143 LC, (1848) 11 Beavan 571, [1848] EWHC Ch J34, [1848] EngR 1005, (1848) 11 Beav 571, (1848) 50 ER 937, [1848] EngR 1059, (1848) 1 H & … Continue reading Tulk v Moxhay; 22 Dec 1848