An unprotected tenant, moving with his Landlord’s family to a new house, didn’t gain protection on move. Citations: Gazette 06-Jul-1994, Times 25-May-1994, Ind Summary 06-Jun-1994 Statutes: Rent Act 1977 12(1)(b)(I) Jurisdiction: England and Wales Landlord and Tenant Updated: 26 October 2022; Ref: scu.84484
The special character of a district is relevant when a court was asked to consider an offer of alternative accommodation for a tenant. Citations: Ind Summary 05-Jul-1993, Times 28-Jun-1993 Statutes: Rent Act 1977 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 26 October 2022; Ref: scu.79841
The tenant claimed Rent Act protection for his tenancy. He had been rehoused and began his tenancy in 1970 with the ground floor used as a shop, and the first floor as living accomodation. He later abandoned the business use. He appealed a finding that he did not have protection under the 1977 Act. Held: … Continue reading Tan and Another v Sitkowski: CA 1 Feb 2007
The court considered the result of the transfer of the freehold of houses held under Rent Act 1977 contracts were affected. Judges: Charles Hollander QC Citations: [2011] EWHC 1467 (Ch) Links: Bailii Jurisdiction: England and Wales Housing Updated: 17 September 2022; Ref: scu.442575
The tenant had a Rent Act tenancy. The landlord failed to repair the premises, and he was unable to occupy them. The present appellant landlord took an assignment of the freehold, and sought possession for arrears of rent. The first proceedings were compromised with the tenant retaining the tenancy, and the landlord agreeing to carry … Continue reading Carphone Warehouse UK Ltd v Cyrus Malekout: CA 14 Jun 2006
The claimant appealed refusal of its claim for possession against the respondents, occupiers of single-storey wooden bungalows on its land. The leases had expired. The defendants said the structures were their own, and not subject to the lease, and an order would infringe their human rights. They also claimed an estoppel based on reassurances given … Continue reading Keelwalk Properties Ltd v Betty Waller and Another: CA 30 Jul 2002
The Court considered whether a tenancy was a ‘protected shorthold tenancy’ within the meaning of section 52 of the Housing Act 1980 and therefore excluded from the protection of the Rent Act 1977. Held: A power to forfeit within the minimum year tenancy for the bankruptcy of the tenant, was not to be taken to … Continue reading Paterson v Aggio: CA 1987
A point was raised for the first time on appeal. Held: Though an appellate court could exclude a pure question of law which had not been raised at first instance from being raised on appeal, the usual practice was to allow it to be taken where the other party had had an opportunity of meeting … Continue reading Pittalis v Grant: CA 1989
The tenancy was granted as a protected tenancy under the 1977 Act. Before the grant L mentioned, but not in writing, that she might need the flat in the future for a member of her family. She now sought possession for a tenancy for her son. At first instance, the court found in her favour … Continue reading Fernandes v Pavardin: CA 1982
Application for leave to appeal against possession order and for stay of execution. Granted. Judges: Kennedy, Jackson LJJ Citations: [2002] EWCA Civ 812 Links: Bailii Statutes: Rent Act 1977 98 Jurisdiction: England and Wales Cited by: Application for leave – Akram v Adam CA 6-Nov-2002 The tenant appealed against an order requiring him to allow … Continue reading Akram v Adam: CA 9 May 2002
The court was asked about transitional arrangements for Rent Act tenants after the 1988 Act: ‘If A, a Rent Act tenant, takes a new tenancy agreement after the commencement of the 1988 Act jointly with B, does B thereafter partake in the ongoing protection to which A would have been entitled if he, B, takes … Continue reading Secretarial and Nominee Co Ltd v Thomas and others: CA 29 Jul 2005
Rents – Fair Rent Citations: [2021] UKFTT LON – 00AU – F77 Links: Bailii Statutes: Rent Act 1977 70 Jurisdiction: England and Wales Housing Updated: 30 June 2022; Ref: scu.673343
Defendant’s appeal from an order granting the claimant a possession order in respect of a ground floor flat. The basic question in the proceedings was whether the defendant had a tenancy protected under the Rent Act 1977. Held: The appeal succeeded. Citations: [2001] EWCA Civ 454, [2002] HLR 21, (2001) 82 P and CR DG7 … Continue reading Arogol Company Ltd v Rajah: CA 21 Mar 2001
The tenant had occupied the house for 35 years. She resisted an application by her landlord to rehouse her. She had brought up her family there and did want to leave. Held: The landlord’s appeal was dismissed. The landlord’s interest which was purely financial had to be balanced against the wishes of the elderly lady … Continue reading Battlespring Ltd v Gates: CA 1983
The intention of the parties in affixing an object to land is only relevant to the extent that it can be derived from the degree and object of the annexation: ‘the intention of the parties as to the ownership of the chattel fixed to the land is only material so far as such intention can … Continue reading Hobson v Gorringe: CA 1897
The question was whether under the 1977 Act the tenant occupied the premises for residential purposes. The landlord said that a business was also conducted from them. Held: The tenant had failed to establish that the business use had ceased. The court also his argument that, if his business use had ceased, he was protected … Continue reading Pulleng v Curran: CA 1980
A solicitor failed in 1983 to advise a purchaser of the fact that premium she was paying on purchasing a leasehold flat was unlawful under the Act, and would be unrecoverable on the sale. Before trial however, in 1989 the law changed and the premium would now be recoverable. Held: It was wrong to assess … Continue reading Kennedy v K B Van Emden and Co; Jordan v Gershon Young Finer and Green and Similar: CA 27 Mar 1996
Valuable tapestries had been set up for display in a room in a stately home . They were first stretched over canvas and then tacked to the canvas. That canvas was then stretched over strips of wood and nailed to those strips of wood which in turn were nailed to the walls of the drawing … Continue reading Leigh v Taylor: HL 6 Feb 2002
Citations: [2003] EWCA Civ 1639 Links: Bailii Statutes: Rent Act 1977 137(2) Jurisdiction: England and Wales Housing Updated: 08 June 2022; Ref: scu.188120
The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act. Held: The Pulleng case required te court to reject the tenant’s argument. The meaning of the phrase ‘let as a separate dwelling’ had contracted and no longer … Continue reading Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990
The defendant held a tenanted property. The landlords sought possession, saying that the local authority would provide suitable alternative accommodation nearby. The authority provided a certificate to say that the accommodation would be similar. The judge accepted the certificte without investigating further. The tenant appealed saying that the certificate did not say just what accommodtion … Continue reading Jones v Cook: CA 1990
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
A tenancy which had been terminated by a notice given by one of the joint tenants had expired. It did not come to an end by any deed, and so was not capable of being set aside by a family court in the course of divorce proceedings. The possession proceedings issued by the landlord could … Continue reading Newlon Housing Trust v Alsulaimen and Another: HL 29 Jul 1998
The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. The defendants argued that they had residential tenancies with protection under the Rent Act 1977. Held: The tenants’ appeals succeeded. A built structure becomes part of the land and itself real property, according … Continue reading Elitestone Ltd v Morris and Another: HL 1 May 1997
The leased premises consisted of a dwelling house and agricultural land which had constituted an agricultural holding. The tenant alleged that the original agreement had been superceded by a subsequent contract which had the effect of moving the tenancy out of the protection of the Agricultural Holdings Act into the protection of the Rent Act. … Continue reading Russell v Booker: CA 1982
The respondent had made an order with regard to the calculation of fair rents. The claimant challenged the order. Held: There were social and economic arguments, and a very difficult balancing exercise had to be carried out in the light of the judgments that the Secretary of State made as to the effects, on the … Continue reading Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999
A woman who had lived with a man, although he remained married to his wife, was a member of his family for the purpose of Schedule 1 to the Act of 1977 because of the lasting relationship between them. Judges: Oliver LJ Citations: [1980] 1 WLR 1493 Statutes: Rent Act 1977 Jurisdiction: England and Wales … Continue reading Watson v Lucas: CA 1980
Landlord and Tenant – Rent Act 1977 – Assessment of Fair Rent Citations: [2018] UKUT 166 (LC) Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 May 2022; Ref: scu.623942
The rental values of a block of flats were increased because of the presence nearby of an American school; the case turned on the equivalent provisions in the Rent Act 1968 to section 70(1) in the 1977 Act. Held: One must have regard to the sort of factors which tend to push rents up or … Continue reading Metropolitan Properties v Finegold: CA 1975
The tenant sought to assert that he occupied a houseboat, the Dinty Moore, under a tenancy of a dwellinghouse under the 1988 Act. The claimant appealed a decision that it was. Held: A house-boat, even though used as a dwelling, did not have the character of a house sufficiently to allow an assured tenancy of … Continue reading Chelsea Yacht and Boat Club Ltd v Pope: CA 6 Apr 2000
The court considered the right of a protected tenant to become a statutory tenant on the termination of his protected tenancy under section 2(1)(a) of the 1977 Act, requiring him to occupy the dwelling house ‘as his residence’. The tenant occupied the flat as a temporary expedient for part of the time when the house, … Continue reading Regalian Securities Ltd v Scheuer: CA 1982
Land was sold. The parties disputed whether a greenhouse was included. Held: It was a large greenhouse consisting of a sectional frame bolted to a large concrete base. ‘Building’ was to be given the meaning ascribed by s62 of the 1925 Act. The greenhouse was not sufficiently affixed but rested by its own weight on … Continue reading Deen v Andrews: 1986
Section 34(1)(b) of the 1977 Act should to be read subject to a limitation that it applies that a new tenancy must be a tenancy of the same premises as the old. Citations: (1994) LAGB June 11 Statutes: Rent Act 1977 34(1)(b) Jurisdiction: England and Wales Cited by: Approved – Arogol Company Ltd v Rajah … Continue reading Goringe v Twinsectra Ltd: 20 Apr 1994
Chattels which became affixed to a lessee’s land became fixtures, and were not available for tax allowances calculations. Lord Browne-Wilkinson said: ‘The terms expressly or implicitly agreed between the fixer of the chattel and the owner of the land cannot affect the determination of the question whether, in law, the chattel has become a fixture … Continue reading Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995
A wooden mill was held not to have become annexed to and part of the land. Citations: (1830) 1 B. and Ad. 161 Cited by: Cited – Elitestone Ltd v Morris and Another HL 1-May-1997 The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could … Continue reading Rex v Otley: 1830
The Rent Act 1977 had provided that a tenancy was not to be taken to be a protected tenancy of a dwelling house: ‘bona fide let at a rent which includes payments in respect of board or attendance’ Held: Where a landlord provided a continental beakfast to each of his tenants to be eaten in … Continue reading Otter v Norman: HL 1988
(Court of Exchequer Chamber) Blackburn J set out what constituted a fixture: ‘There is no doubt that the general maxim of the law is, that what is annexed to the land becomes part of the land; but it is very difficult, if not impossible, to say with precision what constitutes an annexation sufficient for this … Continue reading Holland v Hodgson: 1872
The court found that a wooden barn had not become part of the land. Citations: (1836) 4 Ad and El 884 Cited by: Cited – Elitestone Ltd v Morris and Another HL 1-May-1997 The plaintiff acquired land on which 27 chalets were erected. They served notice to quit so that the site could be developed. … Continue reading Wansborough v Maton: 1836
The tenant appealed against an order requiring him to allow access to the landlord to carry out works in order to provide alternative accommodation. Held: The order was invalid. Where the tenant was secure, and opposed the access, the power to make such an order required that the works proposed were supported by a statutory … Continue reading Akram v Adam: CA 6 Nov 2002
A Mr Ludovici in 1977 took an assignment of the residue of a lease granted in 1953 which had some 5 months to run. He agreed to do works in return for which he would be granted a fresh lease. This was later assigned to Mr Hemmings. Held: He was neither the tenant under the … Continue reading Trustees of Henry Smiths Charity v Hemmings: 1982
The law as to fixtures is the same in Scotland as in England. There were two general rules under the comprehensive term of fixtures: ‘One of these rules is the general well-known rule that whatever is fixed to the freehold of land becomes part of the freehold or inheritance. The other is quite a different … Continue reading Bain v Brand: HL 1876
Lord Cockburn said ‘no man can make his property real or personal by merely thinking it so.’ Judges: Lord Cockburn Citations: (1843) 5 D 775, [1845] EngR 973, (1845) 12 Cl and Fin 312, (1845) 8 ER 1426 Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – Elitestone Ltd v Morris and Another HL … Continue reading Dixon v Fisher: HL 12 Jun 1845
The court looked to the meaning of ‘a resident landlord’ in the section. The question was whether the landlord in that case was on the 14th August 1974 occupying as her residence another dwelling house which formed part of the same premises in which the dwelling to which the tenant had been granted a furnished … Continue reading Jackson v Pekic and O’Brien: CA 1990
The House considered the position of a statutory tenant under the 1977 Act, when application was made under the 1967 Act. Citations: [1985] AC 828 Statutes: Matrimonial Homes Act 1967 Sch2 3(1), Rent Act 1977 Jurisdiction: England and Wales Cited by: Leave applied for – Gay v Sheeran, London Borough of Enfield CA 18-Jun-1999 The … Continue reading Lewis v Lewis: HL 1985
Mr Fielder and Miss Maxwell together applied to take a self-contained flat. Each signed an agreement to pay andpound;54.17 per month to share the use of the flat with one other person. The couple moved into the flat and enjoyed exclusive occupation. In terms if the couple parted and Mr Fielder moved out or his … Continue reading Aldrington Garages Ltd v Fielder: 1978
A shed was erected on land. It was 135 feet long and 150ft wide. It was on a concrete floor and attached by straps. Was it a fixture? Held: Lord Goddard CJ said: ‘What is a fixture? The commonest fixture is a house which is built into the land, so that in law it is … Continue reading Billing v Pill: 1954
In considering whether an article was a fitting and could be removed from its locaion, the court looked to the mode and extent of annexation of the articles: ‘The only question, therefore, is, whether the machines when fixed were parcel of the freehold; and this is a question of fact, depending on the circumstances of … Continue reading Hellawell v Eastwood: 1851
The court asked what was meant by a fixture: ‘By ‘fixtures’ we understand such things as are ordinarily affixed to the freehold for the convenience of the occupier, and which may be removed without material injury to the freehold, such will be machinery, using a generic term; and in houses, grates, cupboards, and other like … Continue reading Ex parte Barclay: 1855
Judges: Sir W. Page Wood V.-C Citations: (1867) LR 5 Eq 72 Jurisdiction: England and Wales Citing: Approved – Ex parte Barclay 1855 The court asked what was meant by a fixture: ‘By ‘fixtures’ we understand such things as are ordinarily affixed to the freehold for the convenience of the occupier, and which may be … Continue reading Boyd v Shorrock: 1867
A Lender’s form of consent to mortgage was ineffective to displace a Tenant’s statutory rights. Citations: Times 20-Mar-1996 Statutes: Rent Act 1977 98 Jurisdiction: England and Wales Landlord and Tenant Updated: 10 April 2022; Ref: scu.90600
LEASEHOLD ENFRANCHISEMENT – House – basis of valuation – alterations – appropriate day – change of identity – Leasehold Reform Act 1967, sections 1, 9 (1), 9 (1A) – Rent Act 1977, section 25 Citations: [2017] UKUT 74 (LC) Links: Bailii Statutes: Rent Act 1977 25, Leasehold Reform Act 1967 1 9 Jurisdiction: England and … Continue reading Clifton v Liverpool City Council: UTLC 17 Feb 2017
UTLC LANDLORD AND TENANT – rent determination – fair rent – sufficiency of reasons for First-tier Tribunal’s decision on open market rent and adjustments for condition and improvements – s.70 Rent Act 1977 – appeal allowed [2016] UKUT 459 (LC) Bailii Rent Act 1977 70 England and Wales Landlord and Tenant Updated: 26 January 2022; … Continue reading Saint v Kightley: UTLC 31 Oct 2016
The landlords appealed against the maximum fair rent for premises as set by the Rent Assessment Committee. It had been found to be a capped rent, and set at andpound;8.50 per week. The landlords had wanted above andpound;140.00. The tenant was a protected tenant. Held: The tenancy was a weekly furnished tenancy granted in 1974 … Continue reading Ahmed and Others v Murphy: Admn 10 May 2010
UTLC LANDLORD AND TENANT – RENT DETERMINATION – jurisdiction of First-tier Tribunal on consideration of objection to rent registered by rent officer – Sch.11, Rent Act 1977 – Art. 2(7), Rent Act (Maximum Fair Rent) Order 1999 – sufficiency of reasons – appeal allowed [2016] UKUT 60 (LC) Bailii Rent Act 1977 England and Wales … Continue reading T Hilling and Co Ltd Re Tixley, Hookstone Lane: UTLC 5 Feb 2016
UTLC LANDLORD AND TENANT – Rent Determination – first-tier tribunal determining rent for flat on reference under Housing Act 1988 section 13 by applying criteria set out in Housing Act 1988 section 14 – whether first-tier tribunal erred in law – whether tenancy a protected or statutory tenancy governed by the Rent Act 1977 rather … Continue reading Bacon v Mountview Estates Plc: UTLC 28 Oct 2015
UTLC LANDLORD AND TENANT – RENT DETERMINATION – deduction from market rent on account of condition of premises – sufficiency of reasons for quantum of deduction – section 70, Rent Act 1977 – appeal allowed [2015] UKUT 276 (LC) (LC) Bailii England and Wales Landlord and Tenant Updated: 30 December 2021; Ref: scu.548090
UTLC FAIR RENT – operation of capping provisions where landlord no longer provides services previously included within the rent but not constituting ‘variable sums’ – section 70 Rent Act 1977 – Rent Act (Maximum Fair Rent) Order 1999 [2014] UKUT 402 (LC) Bailii Rent Act 1977 70, Rent Act (Maximum Fair Rent) Order 1999 England … Continue reading Fisher, Re Park Crescent Mews West: UTLC 10 Sep 2014
In Antoniades, the two tenants occupied an attic, living together. Each had at the same time signed identical agreements purporting to create licences. The landlord had reserved to himself the right to occupy the property and to allow others to occupy it so as to create no more than a licence. Held: Behaviour by the … Continue reading A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988
The tenancy was a long lease at a low rent under the 1954 Act, and so had continuing protection under the 1977 Act whilst occupied by the original tenant. The lease was assigned and registered. It had been conditional upon an application to purchase the reversion, which did not proceed. Held: subject to the effect … Continue reading Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003
The statutory tenant appealed an order for possession made on the basis that an offer of suitable alternative accommodation had been made and that it was reasonable to make the order. The tenancy had been of a large isolated country house with a paddock and outbuildings. The alternative offered was a modern four bedroom house. … Continue reading Hill v Rochard: CA 1983
A greenhouse was not an ‘erection’ within section 62(1). Megaw LJ noted that it was customary to move the greenhouse every few years, Megaw LJ [1969] CLY 3040 Law of Property Act 1925 62(1) England and Wales Cited by: Cited – Elitestone Ltd v Morris and Another HL 1-May-1997 The plaintiff acquired land on which … Continue reading H E Dibble v Moore: CA 1969
The question was whether plate glass windows which formed part of the wall of a warehouse were landlord’s fixtures within the meaning of a repairing covenant. Atkin LJ answered: ‘. . I am quite satisfied that they are not landlord’s fixtures, and for the simple reason that they are not fixtures at all in the … Continue reading Boswell v Crucible Steel Co: CA 1925
The court referred to the originally unbending rule that everything affixed to the freehold was held to go with the freehold: ‘But in modern times there have come to be important exceptions to this rule, one being in favour of trade fixtures and entitling a person who has put up what are now called ‘fixtures’ … Continue reading In re De Falbe: CA 1901
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
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
The Corporation had commissioned a report as to its coverage of Middle East issues. The claimant requested a copy, and the BBC refused saying that the report having been obtained for its own journalistic purposes, and that it was not covered by the 2000 Act. The claimant appealed against a confirmation by the CA that … Continue reading Sugar v British Broadcasting Corporation and Another: HL 11 Feb 2009
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy. Held: The tenant had had a full Rent Act tenancy. The Board claimed possession. There had been a compromise under which he left possession for … Continue reading Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008
The tenant appealed against an order requiring her to give up possession of her flat, held under the 1977 Act, saying that the court should not have found it reasonable to make an order after finding alternative accommodation suitable. Held: The order was set aside. The judge had misdirected himself as to the correct approach … Continue reading Whitehouse v Lee: CA 14 May 2009
Reasonableness of Alternate Accomodation The landlord sought possession of a property subject to a protected tenancy. He offered accomodation in Luton. The property was in London, but the tenant worked in Luton. The tenant said that living in London kept him close to friends, the mosque and his cultural interests. Held: When allowing for the … Continue reading Siddiqui v Rashid: CA 1980
When a licence is really a tenancy The document signed by the occupier stated that she understood that she had been given a licence, and that she understood that she had not been granted a tenancy protected under the Rent Acts. Exclusive occupation was in fact granted. Held: This was a tenancy not a licence. … Continue reading Street v Mountford: HL 6 Mar 1985
Machines had been affixed to the premises. The court was asked whether they were caught by a fixed charge over the company’s land and fixed assets. Held: The machines were fixed by bolts only and no damage would be caused to the building by their removal. Nevertheless, the machines were part of the mortgaged property. … Continue reading Reynolds v Ashby and Son: HL 1904
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
UTLC LANDLORD AND TENANT – Rent Determination – application for determination of rent under section 14, Housing Act 1988 – First-tier Tribunal declining jurisdiction on grounds that tenancy was a regulated tenancy under Rent Act 1977 – nature of tenancy – appeal allowed Martin Rodger QC, Deputy President [2015] UKUT 69 (LC) Bailii Housing Act … Continue reading Swanbrae Ltd v Ryder: UTLC 24 Feb 2015
The landlord claimed that the tenancy had expired by effluxion of time. The tenant alleged that the tenancy was a protected tenancy and that, since no written notice had been served on him pursuant to Case 13, he was a statutory tenant entitled to . .
The applicant sought to succeed to the tenancy of his deceased homosexual partner as his partner rather than as a member of his family.
Held: A court is bound by any decision within the normal hierachy of domestic authority as to the meaning . .
The court declined to hold that a man who had lived with a woman tenant for five years before her death were part of the same family because they had deliberately opted to retain their formal independence and they had not been recognised as being . .
References: [1996] EWCA Civ 586 Links: Bailii Statutes: Rent Act 1977
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. After three days the council completed their investigations. Though … Continue reading Mohamed v Manek and Royal Borough of Kensington and Chelsea: CA 28 Apr 1995
The appellant was receiving care and support from social services. He was found to have abused and threatened the team leader in telephone calls to her. He appealed against a conviction under the 1997 Act, saying that his calls did not amount to a course of conduct because on two of the three occasions, she … Continue reading James v Crown Prosecution Service: Admn 4 Nov 2009
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it. Held: In a sex discrimination case, where there has been a constructive dismissal, time runs from the date of the employer’s breach and not from the date of the employee’s … Continue reading Cast v Croydon College: CA 19 Mar 1998
The respondent had taken a tenancy of premises from the local authority. The ground floor was for use as a shop, and the first was residential. He had previously taken a licence and had refurbished the premises. The authority sold the freehold to the claimant, who now sought possession through forfeiture. The defendant sought relief … Continue reading Broadway Investments Hackney Ltd v Grant: CA 20 Dec 2006
British Telecommunications Plc provided its own directory service. BT was licenced as a public telecommunications operator requiring it to provide telephone services on request to anyone who sought them without discrimination. The claimant wanted to operate its own free service, and contracted with BT to use a line, but BT then gave notice to end … Continue reading Timeload Ltd v British Telecommunications plc: CA 1995
There is a presumption against adding terms to a contract. The presumption is stronger where the contract is in writing and represents an apparently complete bargain between the parties. Sir Thomas Bingham MR set out Lord Simon’s formulation, and described it as a summary which distilled ‘the essence of much learning on implied terms’ but … Continue reading Philips Electronique v British Sky Broadcasting Ltd: CA 1995
In the general run of actions for negligence against professional men it is not enough to show that another expert would have given a different answer. The issue is whether the defendant acted in accordance with practices which are regarded as acceptable by a respectable body of opinion in his profession. Where the complaint relates … Continue reading Zubaida v Hargreaves: CA 1995
The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995
It was claimed that the defendant’s computer software infringed the copyright in software owned by the claimant. A declaration was sought beacause of allegations that assertions about infringement had been made to third parties. Held: The declaration was refused. There was no explicit provision in copyright law for a declaration of non-infringement as was available … Continue reading Point Solutions Ltd v Focus Business Solutions Ltd and Another: ChD 16 Dec 2005
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an amicus experienced in these matters, that EEC law simply mirrored the law and … Continue reading Regina v Spura: 3 Jan 1988
The appellant had contracted to provide office accomodation to the defendant. The air conditioning did not work and there were other defects. The appellant now challenged a finding of liability and that its contract terms which were said to totally exclude liability were unfair under the 1977 Act. Held: The appeal succeeded. Alternative remedies would … Continue reading Regus (UK) Ltd v Epcot Solutions Ltd: CA 15 Apr 2008
The council laid complaints against the defenedant that it had not properly re-instated road surfaces after completing works. It now appealed, by way of case stated, against the court’s acceptance of the defendant’s argument that the large number of individual complaints would lead to a risk of a substantially greater punishment than parliament had intended, … Continue reading Hertfordshire County Council v National Grid Gas Plc: Admn 2 Nov 2007
The application raised two issues: the Tribunal’s power to remit a case for rehearing by an adjudicator, and when an order made by a lone chairman of the Tribunal may be varied or set aside. The Tribunal only has the powers it is given. The two powers of remittal are not to be treated differently, … Continue reading Secretary of State for the Home Department v Immigration Appeal Tribunal: Admn 9 Apr 2001
When considering whether a payment has been paid by way of rent, the court looks to the explanation or reason for the payment, asking whether the payment is for exclusive use and occupation of the premises. In this case a payment by occupiers in respect of gas and electricity bills was not a payment of … Continue reading Bostock v Bryant: 1990
Whilst the law clearly allowed prosecutions under the Act after no more than two incidents of harassment, nevertheless, prosecutors should look to the reality of whether the acts complained of did in fact amount to a course of conduct under the Act. In this case, but marginally, they did. Prosecutors should look to the purpose … Continue reading Pratt v Director of Public Prosecutions: QBD 21 Jun 2001
The defendant, who carried on the business of a fisherman, sold his vessel Jelle to the plaintiff with a view to having a new boat built to his requirements. In the event he bought a replacement vessel which he continued to use for his business. The question for the court was whether the sale of … Continue reading Stevenson and Another v Rogers: CA 8 Dec 1998
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was revealed. Held: The accountants’ appeal succeeded. As a general rule ‘collateral benefits are those whose … Continue reading Lowick Rose Llp v Swynson Ltd and Another: SC 11 Apr 2017
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might be people never crossed his mind. Setting aside his … Continue reading Commissioner of Police v Caldwell: HL 19 Mar 1981
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
The builders had obtained a charging order for the costs awarded to them in extensive litigation, and a third party costs order but without the third party having opportunity to test the bill delivered. They had agreed to sell land to the defendant, but he had required the transfer to be in a different form … Continue reading Nelson v Greening and Sykes (Builders) Ltd: CA 18 Dec 2007
The convictions had been referred back to the Court of Appeal in relation to various grounds, but the s.34 direction was a further ground relied on by the appellants. The Court recognised that the direction was inadequate by reference to the standards in 2006. The direction did not contain the key direction suggested to be … Continue reading Steele, Whomes and Corry , Regina v: CACD 22 Feb 2006
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants. Held: The test to be applied under section 14(2) was ‘partly subjective’and ‘section 14(2) was designed principally to provide for cases of late diagnosis … Continue reading KR and others v Bryn Alyn Community (Holdings) Ltd and Another: CA 10 Jun 2003
