Search Results for: Landlord

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Jones and Others v Secretary of State for Energy and Climate Change and Another: QBD 3 May 2013

The claimants sought an order for pre-judgment interest on the disbursements incurred in this group litigation. The clients were liable for payment of the disbursements under the conditional fee agreements, and in this case these amounted to over andpound;750,000. Held: The order was made for the period from the date of the signing of the … Continue reading Jones and Others v Secretary of State for Energy and Climate Change and Another: QBD 3 May 2013

Iqbal v Mansoor and Others: QBD 26 Aug 2011

The claimant sought the disapplication of the limitation period in order to pursue the defendant solicitors, his former employers, in defamation. Judges: Parkes QC J Citations: [2011] EWHC 2261 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from … Continue reading Iqbal v Mansoor and Others: QBD 26 Aug 2011

Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Questions as to statutory provisions about service charges contained in sections 18 and following of the Landlord and Tenant Act 1985. Citations: [1999] EWCA Civ 3049, [1999] L and TR 541, [1999] 2 EGLR 53, (2000) 32 HLR 116, [1999] 26 EG 151, [1999] EG 63 Links: Bailii Jurisdiction: England and Wales Landlord and Tenant … Continue reading Martin and Another v Maryland Estates Ltd: CA 26 Apr 1999

Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The Lyttelton Times Company Limited v Warners Limited: PC 31 Jul 1907

(New Zealand) Premises had been leased for use as a printing house, including printing plant and machinery, and the landlords occupied the upper floors for use as bedrooms for their hotel. The landlords then sought an injunction and damages in respect of the noise and vibration caused by the printing business. Held: While the plaintiffs … Continue reading The Lyttelton Times Company Limited v Warners Limited: PC 31 Jul 1907

Universal Permanent Building Society v Cooke: CA 1951

The mortgagor agreed to buy a shop with living accommodation above. She let the flat to her sister before completion, and by the date of the mortgage, the sister was in possession. After default, the lender sought possession under the mortgage, but was only granted possession subject to the tenancy. The mortgage was granted the … Continue reading Universal Permanent Building Society v Cooke: CA 1951

Molton Builders Ltd v City of Westminster London Borough Council: CA 1975

Lord Denning MR said: ‘The doctrine of derogation from grant is usually applied to sales or leases of land, but it is of wider application. It is a general principle of law that, if a man agrees to confer a particular benefit on another, he must not do anything which substantially deprives the other of … Continue reading Molton Builders Ltd v City of Westminster London Borough Council: CA 1975

Johnston and Sons Ltd v Holland: CA 1988

The test for whether there had been a derogation from a grant was whether there had been a substantial deprivation of benefit, rather than a total deprivation. The principle of non-derogation from grant is ‘not based on some ancient technicality of real property. As Younger LJ observed in Harmer v Jumbil (Nigeria) Tin Areas Ltd … Continue reading Johnston and Sons Ltd v Holland: CA 1988

Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd: CA 27 May 1999

The court considered the validity of beer ties affecting public houses. Judges: Lord Justice Schiemann Lord Justice Mance Lord Justice Morritt Citations: [1999] EWCA Civ 1501 Jurisdiction: England and Wales Citing: Appeal from – Courage Limited v Crehan ChD 25-Nov-1998 . . Cited – Thomas Witter v TBP Industries Ltd ChD 15-Jul-1994 An award of … Continue reading Crehan v Courage Limited and Byrne and Inntrepreneur Beer Supply Co Ltd and Langton v Inntrepreneur Beer Supply Co Ltd: CA 27 May 1999

Drew-Morgan v Hamid-Zadeh: CA 13 May 1999

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

Platt and Others v London Underground Ltd: ChD 13 Mar 2001

A landlord let two properties at the same site to the same tenant, who operated two different businesses, one from each site. He unlawfully restricted access to the one site, and caused damage to that business, but in doing so, passers by were diverted to pass by the other business. Though liable for damages in … Continue reading Platt and Others v London Underground Ltd: ChD 13 Mar 2001

Marchitelli v 15 Westgate Terrace Ltd: UTLC 18 Jun 2020

Landlord and Tenant : Breach of Covenant – permitting or suffering use of premises for immoral acts – whether sufficient evidence of prohibited use adduced to discharge burden of proof – adequacy of FTT’s reasons and findings of fact – importance of clear determination of nature and extent of breach – appeal allowed Citations: [2020] … Continue reading Marchitelli v 15 Westgate Terrace Ltd: UTLC 18 Jun 2020

Phillps and Others v Francis and Another: QBD 24 Mar 2010

‘dispute between the freehold owners and estate managers of a site at Point Curlew, St Merryn, Padstow, Cornwall, the defendants, and a number of the owners of holiday chalets at that site. The dispute relates to the service charges which the defendants seek to claim under the terms of the various 999 year leases which … Continue reading Phillps and Others v Francis and Another: QBD 24 Mar 2010

Dublin City Council v Gallagher: 11 Nov 2008

(High Court of Ireland) The defendant’s son claimed that he sought to succeed to a tenancy on his mother’s death. The council rejected the claim and served him with proceedings under Section 62 of the Housing Act 1966 to recover possession. The district judge had found that save for a period when he resided with … Continue reading Dublin City Council v Gallagher: 11 Nov 2008

Donegan v Dublin City Council and Others: 8 May 2008

(High Court of Ireland) The council had sought possession of its tenant. The agreement contained a clause allowing the council to terminate on four-weeks’ notice. It said the tenant’s son misused drugs. Section 62 of the Housing Act 1966 established a summary procedure allowing a public authority landlord a warrant for possession without any defence … Continue reading Donegan v Dublin City Council and Others: 8 May 2008

Highway Properties Ltd v Kelly, Douglas and Co: 1 Feb 1971

(Supreme Court of Canada) Landlord and tenant – Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises – Possession taken by landlord with contemporaneous assertion of right to full damages according to loss calculable over unexpired term of lease – Remedies of landlord – Measure and range of damages.Laskin … Continue reading Highway Properties Ltd v Kelly, Douglas and Co: 1 Feb 1971

Stoll Construction Ltd v Colclough and others: LT 4 Jul 2007

LT COLLECTIVE ENFRANCHISEMENT – Leasehold Reform, Housing and Urban Development Act 1993 section 33 – costs of enfranchisement – procedural defect in LVT reducing costs claimed by reversioner by reference to a matter which was not in dispute between the parties. Citations: [2007] EWLands LRA – 184 – 2006 Links: Bailii Statutes: Leasehold Reform, Housing … Continue reading Stoll Construction Ltd v Colclough and others: LT 4 Jul 2007

Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

Citations: [1954] 1 QB 446 Jurisdiction: England and Wales Cited by: Mentioned – Pirabakaran v Patel and Another CA 26-May-2006 The landlord had wanted possession. The tenant said that the landlord had been harassing him. The landlord said that the tenancy was a mixed residential and business tenancy and that the 1977 Act did not … Continue reading Regina v Brighton and Area Rent Tribunal Ex parte Slaughter: CA 1954

In re Dulwich College Estate’s Application: 1974

The Court approved an estate management scheme under s19. Citations: (1974) 231 EG 845 Statutes: Leasehold Reform Act 1967 19 Jurisdiction: England and Wales Cited by: Cited – Kent and Another v Kavanagh and Another CA 2-Mar-2006 The parties owned properties part of a building estate. The properties had been held under leases, but those … Continue reading In re Dulwich College Estate’s Application: 1974

Moncreiff v Hay: 1842

The landlord acquired the growing crops sown by the tenant when he enforced an irritancy clause in a lease of agricultural property. Citations: (1842) 5 D 249 Jurisdiction: England and Wales Cited by: Cited – Dollar Land (Cumbernauld) Ltd v CIN Properties Ltd (Scotland) HL 16-Jul-1998 (Scotland) The appellants sought compensation under the law of … Continue reading Moncreiff v Hay: 1842

Wilbraham v Colclough and others: 1952

Citations: [1952] 1 All ER 979 Jurisdiction: England and Wales Citing: Followed – Egerton v Rutter CA 1951 A tenant of an agricultural holding died intestate leaving her son and daughter in actual possession. Almost two months after the tenant’s death and before any Grant of Letters of Administration the landlord served a notice to … Continue reading Wilbraham v Colclough and others: 1952

G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974

The tenant requested a new lease and the renewal of personal rights attached to the first lease. Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is to give security of tenure to business tenants by, inter … Continue reading G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society: 1974

Hargroves, Aronson and Co v Hartopp: CA 1905

The tenants of a building of which the defendants were landlords sought damages after a rainwater gutter became stopped up and the defendants failed to clear it out for a few days after receiving notice of the stoppage. Held: The landlords were in breach of a duty of care to the plaintiffs and were liable … Continue reading Hargroves, Aronson and Co v Hartopp: CA 1905

Granada TV Network Ltd v Great Universal Stores Ltd: 1963

A landlord may reasonably refuse consent to an assignment of a lease where the result of the assignment would inevitably be a breach of a user covenant. Citations: (1963) 187 EG 391 Jurisdiction: England and Wales Cited by: Cited – Ashworth Frazer Limited v Gloucester City Council HL 8-Nov-2001 A lease contained a covenant against … Continue reading Granada TV Network Ltd v Great Universal Stores Ltd: 1963

Doe Ex Dim Cheny v Batten: 13 Feb 1775

The tenant gave notice to quit but failed to leave the premises by the due date (Michaelmas). The landlord sued for ejectment, but then accepted a quarter’s rent (due at Christmas). Did this create a new tenancy? Held: The issue depended on the intention of the parties. Referring to the landlord accepting a single rent: … Continue reading Doe Ex Dim Cheny v Batten: 13 Feb 1775

Finbow v Air Ministry: 1963

The minister had mistakenly exercised a formal power to approve a licence to occupy land under a repealed section instead of its re-enacted successor. The claimant said that this was not an effective approval. The court also considered the authorities on how to distringuish between a lease and a licence. Held: The misdescription of his … Continue reading Finbow v Air Ministry: 1963

Manfield and Sons Ltd v Botchin: 1970

The tenant wished to occupy a shop, which the landlord wished to develop, but where the landlord awaited clearance of planning difficulties. The tenant was granted a tenancy at will. After occupying the property for more than four years, the tenant asserted security of tenure under the Act. Held: A tenancy at will expressly granted, … Continue reading Manfield and Sons Ltd v Botchin: 1970

Sun Alliance and London Assurance Ltd v Hayman: 1975

Citations: [1975] 1 WLR 177 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – C A Webber (Transport) Ltd v Railtrack plc CA 15-Jul-2003 A notice served under s25 of the 1954 Act, being sent by recorded delivery to the tenant at its place of abode, was irrebuttably deemed … Continue reading Sun Alliance and London Assurance Ltd v Hayman: 1975

Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd and Others: ChD 1 Dec 2022

Whether a clause in an option agreement which permits a grantor (or its successor-in-title) to terminate the option on the grantee’s default of its obligations in a related lease is a forfeiture provision in respect of which the court can grant relief from forfeiture. Judges: HH Judge Klein Citations: [2022] EWHC 3018 (Ch) Links: Bailii … Continue reading Hush Brasseries Ltd v Rlukref Nominees (UK) One Ltd and Others: ChD 1 Dec 2022

Croydon London Borough Council v Kalonga: QBD 2 Jun 2020

The court was asked whether the landlord could seek possession of a property granted under a five year flexible tenancy. There was no straightforward forfeiture clause. The landlord alleged rent arrears and anti-social behaviour. Held: Without a forfeiture clause in the lease, the lease could not be determined before its expiry. Judges: Tipples J Citations: … Continue reading Croydon London Borough Council v Kalonga: QBD 2 Jun 2020