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Ex parte Motion Spath Holme Limited: Admn 16 Mar 1999

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

Chelsea Yacht and Boat Club Ltd v Pope: CA 6 Apr 2000

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

Melluish (Inspector of Taxes) v BMI (No 3) Ltd and Related Appeals: HL 16 Oct 1995

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

Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

The local authority made a CPO in 1981 in respect of a sports ground. The applicants later acquired the land. In 1989 the order was confirmed and in March 1989 a vesting order was made. The authority was unable to afford to complete the purchase. In October 1992, the applicant sought a declaration that the … Continue reading Co-operative Insurance Society Ltd v Hastings Borough Council: ChD 23 Jun 1993

Clifton v Liverpool City Council: UTLC 17 Feb 2017

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

Saint v Kightley: UTLC 31 Oct 2016

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

Ahmed and Others v Murphy: Admn 10 May 2010

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

T Hilling and Co Ltd Re Tixley, Hookstone Lane: UTLC 5 Feb 2016

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

Bacon v Mountview Estates Plc: UTLC 28 Oct 2015

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

Fisher, Re Park Crescent Mews West: UTLC 10 Sep 2014

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

A G Securities v Vaughan; Antoniades v Villiers and Bridger: HL 10 Nov 1988

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

Tiffany Investments Ltd and Another v Bircham and Co Nominees (No 2) Limited and others: CA 4 Dec 2003

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

Appleton v Aspin and Plane: CA 1987

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

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

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

Sugar v British Broadcasting Corporation and Another: HL 11 Feb 2009

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

Ghaidan v Godin-Mendoza: HL 21 Jun 2004

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

Truro Diocesan Board of Finance Ltd v Foley: CA 22 Oct 2008

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

Whitehouse v Lee: CA 14 May 2009

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

Swanbrae Ltd v Ryder: UTLC 24 Feb 2015

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

Helby v Rafferty: CA 1979

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 . .

Reid v Smith: 8 Dec 1905

(High Court of Australia) The Supreme Court of Queensland had held that the house remained a chattel. ‘The short point raised in this case is whether an ordinary dwelling-house, erected upon an ordinary town allotment in a large town, but not . .

Niven v Pitcairn: 1823

Large leaden vessels which were not fastened to the building in any way but simply rested by their own weight were held to be heritable since they had had to be taken to pieces in order to be removed and had then been sold as old lead. . .

Kerr v Stephens: CA 15 Feb 2006

The claimant sought a declaration that she had inherited her mother’s stautory tenancy in 1987. She alleged encroachment by the landlord and a failure to repair. The landlord denied that she actually lived there so as to attract the protection of . .

Bokhari v Redjep: CA 23 Nov 1998

The claimant appealed, saying that she had lost her action for possession when the judge had failed to allow her to amend her pleadings to add an allegation that the tenant ws using the premises for an immoral purpose, having been convicted of . .

Prison Officers Association and Others v Gough and Another: EAT 17 Dec 2009

EAT CONTRACT OF EMPLOYMENTThe Claimants were employed by the Prison Service. They were also officials of the Prison Officers Association (‘the Respondents’).The issue was whether the Employment Tribunal was entitled to hold that the Claimants were employees of the Prison Service as well as being at the same time employees of the Respondents. Held:The Employment … Continue reading Prison Officers Association and Others v Gough and Another: EAT 17 Dec 2009

Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

The developers wanted to construct their private sewer to the public sewer at a point convenient to them. The water company said a connection at the point proposed would overload the sewer, and refused. The developer claimed that it had the right to make the connection at that point. Held: The authority’s appeal failed. The … Continue reading Barratt Homes Ltd v Dwr Cymru Cyfyngedig (Welsh Water): SC 9 Dec 2009

Airedale NHS Trust v Bland: HL 4 Feb 1993

Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993

Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: CA 1983

Mr Betts appealed a refusal of accomodation by Eastliegh who had said he had no local connection, but had lived in Blaby. Held: Lord Justice Stephenson the chief housing officer ‘did fetter the council’s decision by a rigid application of the suggested definition of normal residence [in the Agreement on Procedures]’ and allowed his appeal. … Continue reading Regina v Eastleigh Borough Council, Ex parte Betts; In re Betts: CA 1983

Gravesham Borough Council v Secretary of State for the Environment: QBD 1982

The Secretary of State could find that a building built under a permission for a weekend and holiday chalet, but to be used only in summer, was a dwelling house. The distinctive characteristic of a dwellinghouse is its ability to afford to those who use it the facilities required for day-to-day private domestic existence. McCullough … Continue reading Gravesham Borough Council v Secretary of State for the Environment: QBD 1982

Hadmor Productions Ltd v Hamilton: HL 1982

The Court of Appeal was not in general entitled to reverse the decision of the Administrative Court in the grant of discretionary interlocutory relief: ‘it is I think appropriate to remind your Lordships of the limited function of an appellate court in an appeal of this kind. An interlocutory injunction is a discretionary relief and … Continue reading Hadmor Productions Ltd v Hamilton: HL 1982

Walker v Northumberland County Council: QBD 16 Nov 1994

The plaintiff was a manager within the social services department. He suffered a mental breakdown in 1986, and had four months off work. His employers had refused to provide the increased support he requested. He had returned to work, but again, did not receive the staff or guidance to allow him to do the work … Continue reading Walker v Northumberland County Council: QBD 16 Nov 1994

Ezekiel v Orakpo: ChD 4 Nov 1994

The claimant had obtained a charging order to secure a judgment debt, but took no steps to enforce it for more than twelve years. The chargee denied that it could any longer be enforced, and also that the order carried interest when interest had not been mentioned. Held: A charging order impliedly includes a charge … Continue reading Ezekiel v Orakpo: ChD 4 Nov 1994

Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

The plaintiff sought possession of two rooms in a house occupied by the defendants separately. The agreements stated that they were licences. The agreements excluded the occupiers between 10:30am and noon on each day. The occupiers claimed to be tenants with protection. Held: The tenants’ appeal against summary orders for posession were successful, and the … Continue reading Crancour Ltd v Da Silvaesa and Another: CA 26 Feb 1986

Mark Rowlands v Berni Inns Ltd: CA 1985

The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building occupied by the defendant, and did pay such rent. The building was destroyed by … Continue reading Mark Rowlands v Berni Inns Ltd: CA 1985

Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

A main contractor who was building not on his own land, would only be free to claim damages from a sub-contractor for defects in the building where the actual owner of the land would not also have had a remedy. Here, the land owner was able to sue under a deed of covenant entered into … Continue reading Alfred Mcalpine Construction Limited v Panatown Limited: HL 17 Feb 2000

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005

Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003

The claimant sued various of those who had represented him in a claim against the Ministry of Defence. He believed that he had had to accept an inadequate sum in settlement after being at risk of losing the claim for non-prosecution. The defendant solicitors sought contribution from the solicitors who had taken over the case … Continue reading Luke v Kingsley Smith and Company and Others: QBD 23 Jun 2003

Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973

The court looked at how it should construe the Canada Steamship guidelines with regard to an exemption clause absolving one party of responsibility for negligence. There was a express reference to negligence by the words ‘save harmless and keep . . indemnified against all claims or demands whatsoever.’ Held: Buckley LJ said: ‘It is however … Continue reading Gillespie Bros and Co Ltd v Roy Bowles Transport Ltd: CA 1973

Smith Brothers Farms Ltd v The Canwell Estate Company Ltd: CA 2 Mar 2012

By a transfer of 1990, land had become subject to a rentcharge to pay a sum of 1.00 pound per annum plus a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under the covenant. The 1977 Act disallowed any new rentcharges save as an estate rentcharge. Held: Where a … Continue reading Smith Brothers Farms Ltd v The Canwell Estate Company Ltd: CA 2 Mar 2012