Citations: [1959] 1 QB 394 Statutes: Landlord and Tenant Act 1954 27 Jurisdiction: England and Wales Cited by: Cited – Esselte Ab and British Sugar Plc v Pearl Assurance Plc CA 8-Nov-1996 The tenant was no longer in occupation of the demised premises when he served a s27 notice. Held: A business tenancy ceases at … Continue reading Cornish v Brook Green Laundry Ltd: CA 1959

Mrs Green had a tenancy of the ground floor and basement expiring on 1st April 1959. She occupied the basement for her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for the purposes of her business, for a term due to expire on 31st March 1959. The landlord of Mrs … Continue reading Green v Bowes-Lyon: HL 1963

A lease of commercial premises continued automatically under the Act. It became a monthly tenancy with rent payable in advance at the beginning of each mointh. The landlord served a notice under s25 on 4 October 1965 to terminate the tenancy on April 11 1966. Held: The notice being in appropriate form was effective to … Continue reading Commercial Properties Ltd v Wood: CA 1967

A prospective landlord and tenant applied to have the proposed tenancy excluded from security of tenure. The draft appended to the application had blanks for the dates, and a break clause. Held: The intention was to demonstrate the parties understanding of what they might be losing by way of security, and that the lease need … Continue reading The Receiver for the Metropolitan Police District v Palacegate Properties Ltd: CA 9 Feb 2000

Citations: [1985] 1 EGLR 70 Statutes: Landlord and Tenant Act 1954 23 Jurisdiction: England and Wales Cited by: Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD 9-May-2003 The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, … Continue reading Italica Holdings SA v Bayadea: 1985

UTLC LEASEHOLD ENFRANCHISEMENT – house – price – condition – improvements – risk of tenant claiming Assured Tenancy- statutory assumptions – appeal allowed in part – Price determined at andpound;152,788 – Leasehold Reform Act 1967 section 9(1), Housing Act 1988 section 14(2)(b) and Landlord and Tenant Act 1954 Pt 1 Judges: P R Francis FRICS … Continue reading Sillvote Ltd v Liverpool City Council: UTLC 14 Jun 2010

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

The landlord resisted the renewal of the lease of a tennis club, saying that he intended to redevelop the site. Held: Planning permission had already been refused once, because of the loss of recreational facilities which would result. The landlord had an insufficiently realistic prospect of being able to redevelop the site. Citations: [1998] EGCS … Continue reading Coppin v Bruce Smith: 1998

The tenant claimed compensation on the termination of the lease. He had occupied part of the premises for more than 14 years, but the rest for only 5 years. Held: The Act required only that some part of the building had been occupied, so long as the whole was occupied at the date of service … Continue reading Edicron v Whiteley: 1983

The tenant had been in occupation under a tenancy for three years and eleven months when the tenancy was terminated by notice. The tenant held over under a tenancy at will. By the time they finally came to vacate they had been in occupation for more than 5 years, and sought a compensatory payment under … Continue reading London Baggage (Charing Cross) Limited v Railtrack plc: CA 2001

The tenant sought protection under the 1954 Act for his lease of premises which he only occupied during the seasonal periods: they were closed and empty in the winter and only used in the summer. Held: That was sufficient to create a protected tenancy, though a mere intention to resume occupation if a tenant get … Continue reading Teasdale v Walker: CA 1958

The parties wanted to enter into a business lease and to apply to the court for an order excluding protection under the 1954 Act. However they executed the lease and the tenant took up occupation before the order was obtained. Held: There was nothing to indicate any conditionality in the arrangement. The parties had created … Continue reading Essexcrest Ltd v Evenlex Ltd: 1998

A field was let under an agricultural tenancy. It came to be used for the purpose of giving riding lessons. The tenant sought protection under the 1954 Act. Held: The tenancy was within the Act. The term ‘premises’ in the Act referred to the land generally occupied under the lease, and did not mean a … Continue reading Weatherall v Smith: 1980

The parties had started the renewal procedures under the 1954 Act. After the end of the contractual term, the tenant handed in the keys and purported to surrender the lease at common law. He did nothing to discontinue the proceedings. Held: The continuation of the tenancy under the Act did not prevent the possibility of … Continue reading Arundel Corporation Ltd v Financial Trading Company Ltd: 2000

The landlord served a statutory notice to terminate the tenancy. The tenant failed to serve a counternotice and lost his statutory protection. The landlord allowed the tenant to hold over under a tenancy at will. Held: The holding over did not create a new lease binding of the landlord. There had been a common intention … Continue reading London Baggage v Railtrack plc: ChD 2000

The tenant had originally occupied the premises under a business and residential tenancy. The property decayed, and the business failed. She sought a new tenancy under the 1954 Act. Held: The test of business use was at the time of the application for the new tenancy. At that time, though her occupation had been continuous, … Continue reading Coville v Adeptus Ltd: CA 2000

The opposition of a landlord to the renewal of a tenancy was not defeated by it being shown that his interest in the freehold had been acquired within the five year period, where the landlord had also had a continuous series of interests in the property or that other members of the same holding group … Continue reading VCS Car Park Management v Regional Railways North East Ltd: CA 27 Jan 2000

When a landlord opposed a renewal of a business tenancy, the court must allow for changes in planning policy which affected the parties. Planning permission had originally been subject to a condition that it be used not by the claimant but by a tenant. That condition had been imposed under a policy which had now … Continue reading Gatwick Parking Service Ltd v Sargent: CA 3 Feb 2000

Depending on the evidence, a stepped rent may well be the best way to determine the rack rent value over a period of years so that an arbitrator might properly make such an award. This was particularly so where the landlord was in serious breach of repairing obligations, but was expected to deal with the … Continue reading Fawke v Viscount Chelsea: 1980

Preliminary issue in proceedings under Part 2 of the Landlord and Tenant Act 1954 – short point on the construction of section 41A of the Act and in particular as to whether one of two existing partners who were both the tenants of the relevant holding under the existing lease is entitled to make an … Continue reading Lie v Mohile: CA 9 May 2014

The landlord served his section 25 notice, amnd the tenant his 26 counter-notice. The tenant did not in fact issue his court application until some two years later. Held: A landlord’s waiver of the time limits for beginning court proceedings could only extend until the expiry of the relevant notices. After that point, the lease … Continue reading Meah v Sector Properties: 1974

Citations: [1979] 1 WLR 533 Cited by: Mentioned – Pointon York Group Plc v Poulton CA 13-Jul-2006 The lease included a right to use seven designated parking spaces. The parties disputed whether parking space could be occupied in such a way as to be given protection under the Landlord and Tenant Act 1954. Held: A … Continue reading Morrisons Holdings Ltd v Madners Properties (Wolverhampton) Ltd: 1979

On a statutory renewal under the 1954 Act, the court would not impose a requirement on the tenant to pay the landlord’s costs so far as this would contravene the intention of the 1958 Act. The tenant may also be required to provide a guarantor. Citations: [1984] 1 All ER 315 Statutes: Landlord and Tenant … Continue reading Cairnplace Limited v CBL (Property Investments) Co Ltd: 1984

Where there were two competent landlords under the Act, one was not able alone to serve an effective notice under the Act. The notice had to relate to all the property let by the lease. Judges: Goff J Citations: [1975] 2 All ER 497, [1975] 1 WLR 781 Statutes: Landlord and Tenant Act 1954 Landlord … Continue reading Dodson Bull Carpet Co Ltd v City of London Corporation: 1975

After a fire, the premises were unusable for two years. The tenant continued to assert his right of occupation, and wanted to return to occupation as soon as the premises were re-instated. Held: The tenant had remained in occupation for the purposes of the 1954 Act. Citations: [1998] EGCS 169 Statutes: Landlord and Tenant Act … Continue reading Fairline Properties Ltd v Hassan: 1998

In a shopping centre, a tenant and its customers had acquired the right under s62 of the 1925 Act to use the concourse. The tenant was therefore entitled to an injunction to prevent the landlord further developing the concourse in such a way as to infringe those rights. Citations: [1993] EGCS 120 Statutes: Landlord and … Continue reading Pretoria Warehousing Co Ltd v Shelton: 1993

The landlord said he resisted the grant of a new lease saying that he wanted to occupy the premises himself for his own business. He was also shown to have an untention to demolish the building. Held: An intention to demolish was inconsistent with an intention to occupy the premises for the landlord’s own business. … Continue reading Nursey v P Currie (Dartford) Limited: 1959

The tenant had taken the lease in his own, name and later incorporated the business. He sought a new tenancy. Held: The company occupied the premises, not the claimant, and he was not entitled to a new lease. Citations: [1987] 2 EGLR 91 Statutes: Landlord and Tenant Act 1954 Landlord and Tenant Updated: 30 April … Continue reading Nozari-Zadeh v Pearl Assurance plc: 1987

The landlord served two notices under the 1954 Act. Held: The tenant’s counter-notice was out of time. If the first notice was valid, a counter-notice served within four months of the second but not the first was out of time. Citations: [1980] 1 WLR 55 Statutes: Landlord and Tenant Act 1954 24 Cited by: Cited … Continue reading Polyviou v Seeley: 1980

Citations: [1957] 1 WLR 1094 Statutes: Landlord and Tenant Act 1954 30(1)(f) Cited by: Cited – Ivorygrove Ltd v Global Grange Ltd ChD 18-Jun-2003 The tenant sought a new lease. The landlord resisted saying that it intended to carry out works of a substantail nature which would require it to have possession. The tenant responded … Continue reading Joel v Swaddle: 1957

The landlord served a notice to terminate the tenancy. The tenant served a notice to say that he did want a new tenancy, but the law then changed and he purported to withdraw his notice, and gave up possession claiming compensation for improvements. The landlord said he had already become entitled to possession. Held: The … Continue reading In re 14 Grafton Street London W1: ChD 1971

When assessing a new rent under the Act, the the value of the premises attributable to the obtaining of a license under the 1963 Act is to be disregarded. Citations: [1995] 1 EGLR 239 Statutes: Landlord and Tenant Act 1954 34(1)(d), Betting Gaming and Lotteries Act 1963 Landlord and Tenant Updated: 29 April 2022; Ref: … Continue reading Ganton House Investments v Crossman Investments: 1995

A landlord opposing the grant of a new tenancy on the basis that he wished to conduct his own business from the premises, need not show that everything is in place to conduct the new business, but must be able to show that most obstacles to starting the business have been dealt with. There is … Continue reading Gregson v Cyril Lord Ltd: CA 1962

The court was asked whether the fact that the tenants under a fourteen year lease had entered into occupation of the premises one day after the term began meant that they had thereby failed to occupy for ‘the whole of the fourteen years,’ in which event, of course, they were entitled only to the basic … Continue reading Department of the Environment v Royal Insurance PLC: ChD 1986

The claimant had entered into the ‘The Royal Albert’ public house under a tenancy management agreement. They later negotiated for a contracted out business tenancy. They sought now to appeal a strike out of their claim for a secure tenancy. Held: Nothing had been said to create any reason for the claimant to believe any … Continue reading Taylor v Inntrepreneur Estates Limited: QBD 30 Jan 2001

For proceedings applying for a new tenancy under the Act, it is necessary that at every stage of those proceedings the person joined as ‘the landlord’ should in fact answer that description according to the statutory definition, and that if there is a change of interest by which one person ceases to be, and another … Continue reading Piper v Muggleton: CA 1956

The landlord had opposed the renewal of the claimant’s business tenancies saying that it wished to redevelop the sites. Before the matter came to trial, the landlord went into administration, and the tenant sought summary judgment. It now appealed against refusal. Held: The appeal failed. The date of the hearing at which the necessary intention … Continue reading Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd: ChD 4 Aug 2010

The defendant served a notice on the plaintiff tenants purportedly under the section. The defendant had been the landlord but shortly before serving the notice the defendant had assigned its interest in the property in question to its parent company and so had ceased to be the landlord. As section 25 required the landlord to … Continue reading Yamaha-Kemble Music (UK) Ltd v ARC Properties Ltd: ChD 1990

When setting a rent on a lease renewal, taking into account other potential uses involves ignoring terms in the lease providing for only one use. Restrictions on use should not be relaxed solely to increase the rent, and conversely, the restrictions on use should not be tightened merely to reduce that rent. Goulding J [1978] … Continue reading Charles Clements (London) Ltd v Rank City Wall: Chd 1978

The landlord hoped to redevelop a site. The defendant was in possession as a business tenant pursuant to three successive leases for which orders had been made under section 38(4) of the 1954 Act excluding the operation of sections 24 to 28 of the Act. The last of the three leases expired on October 31 … Continue reading Cardiothoracic Institute v Shrewdcrest Ltd: ChD 1986

The words in section 38(1) ‘purports to’ means ‘has the effect that’ so that an agreement to give up possession in two years when the lease would still have six years to run infringed section 38 as it would preclude an application or request for a new tenancy even though an actual surrender was permitted … Continue reading Joseph v Joseph: CA 1967

The appellant is the landlord of business premises. The tenant, the respondent to this appeal, brought proceedings under Part II of the Landlord and Tenant Act 1954 for the grant of a new tenancy. The landlord resisted the application on the ground set out in section 30(1)(g), that he intended to occupy the premises for … Continue reading The Gulf Agencies Ltd v Ahmed: CA 3 Feb 2016

A landlord’s notice under section 4 of the Landlord and Tenant Act 1954 had been served on the tenant’s solicitors, who had confirmed that they had authority to accept service. Later the tenant challenged the validity of the service. Held: Service of a notice under the Act on the tenant’s solicitors was valid and effective. … Continue reading Galinski v McHugh: 5 Oct 1988

The landlord served a notice to terminate the tenancy. By mistake the tenant’s solicitors served a counter-notice that their client did not wish to renew. Realising their mistake, they served a second counter-notice, purporting to revoke the first. The second notice was still within the two-month limit from the landlords section 25 notice. They now … Continue reading Pennycook v Shaws (EAL) Ltd: ChD 28 Nov 2002

The tenant purported to exercise a break clause in the lease, requiring that the notice ‘must be expressed to be given under section 24(2) of the Landlord and Tenant Act 1954’. Though the notice was otherwise compliant, it did not refer to the 1954 Act. The landlords now appealed against a decision that it was. … Continue reading Friends Life Ltd v Siemens Hearing Instruments Ltd: CA 3 Apr 2014

The question which arises on this appeal is whether it is open to the landlord to oppose the grant of a new business tenancy if the works which he says that he intends to carry out have no purpose other than to get rid of the tenant and would not be undertaken if the tenant … Continue reading S Franses Limited v The Cavendish Hotel (London) Ltd: SC 5 Dec 2018

The tenant had served a notice under the 2003 Act to acquire a new lease. The landlord in replying that he wished to redevelop the site, sought himself to define the extent of the ‘estate’ to include only the tenant’s apartment and a neighbouring one as ‘the whole or a substantial part of the premises … Continue reading Majorstake Ltd v Curtis: HL 6 Feb 2008

On a renewal of a tenancy a landlord’s counter-notice under section 26(6) relied on section 30(1)(f) and (g). Held: (Lord Keith dissenting) The court was bound to have regard to the position as it was on the date of the order. The landlord must have a ‘firm and settled intention’ as regards the proposed works. … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: HL 1958

In September 1955 the landlords bought to adjoining shops which were about 250 years old and near the end of their life. They intended to undertake the demolition of the premises for which it was necessary to obtain possession, to rebuild on the site and to occupy the new buildings for the purpose of their … Continue reading Fisher v Taylors Furnishing Stores Ltd: CA 1956

A landlord purchased the reversion of a lease of a shop the building on three floors, and two years later, the tenancy being near its end, the tenant applied to the county court for the grant of a new tenancy under the landlord and Tenant Act 1954 section 24(1). Wishing to use the shop for … Continue reading Atkinson v Bettison: CA 1955

Tenants who used the premises which consisted of a yard, partly covered with cinders, on which stood only a wooden garage, covered about one-third of the site and a brick boundary wall adjacent to the highway for business purposes, applied for a new tenancy under the Landlord and Tenant Act 1954 Part 2. The landlords … Continue reading Housleys Ltd v Bloomer-Holt Ltd: CA 1966

The landlord served notice under section 25 of the Landlord and Tenant Act 1954 terminating the business tenancy of a shop, which was used as a cafe and was one of three contained in a single building owned by the Landlord, and stating that he would oppose the Grant of a new tenancy on the … Continue reading Blackburn v Hussain: CA 1988

Opposition to grant of new tenancy Mr Justice Marcus Smith [2021] EWHC 2847 (Ch) Bailii Landlord and Tenant Act 1954 England and Wales Landlord and Tenant Updated: 26 November 2021; Ref: scu.669162

The court considered the determination of a new rent on the conversion of a long tenancy protected under Part I of the 1954 Act to an assured periodic tenancy under the 1988 Act. The tenant had carried out improvements which she now wanted to be discounted in calculating the rent. If it was not so … Continue reading Hughes v Borodex Ltd: CA 27 Apr 2010

The trustees of a tennis club took possession of tennis courts and a clubhouse under a lease, and sought a new lease under the 1954 Act. The landlord said that they were only licensees and in any event were not entitled to a new lease since they were not a business. The agreement clearly and … Continue reading Addiscombe Garden Estates Ltd v Crabbe: CA 1957

The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed business would be in direct substitution for itself, that that business was very … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: CA 10 May 2012

The defendant contracted by parol to take space for his roundabout at a fair on three bank holidays. He attended and paid for only the first, and the landlord sued for the sums due for the subsequent days.
Held: Occupation of a property can . .

A counter notice under the Act, once given was irrevocable. Once a positive counter notice was served, the landlord could proceed on the basis that the tenant was willing to give up possession. . .

To oppose a tenancy renewal successfully on the grounds of his own intention to carry out works on the premises, it is not enough for the landlord to have some generalised intention in the indeterminate future. He has to show an intention to start . .

The Court considered the requirements for terminating a lease of business premises under the 1954 Act and supporting Regulations . The Act expressly provided that notice could be served by registered post in a letter addressed to the tenant’s last . .

The tenant had served a s26 notice, but it was invalid in specifying a date too early. Not seeing this, the landlord at first said it would not oppose a new tenancy, and gave no counter-notice and went on to apply for an interim rent. On later . .

A business lease provided that if the tenant wished to assign, he must first offer a surrender to the landlord for the net premium value. If the landlord did not accept, then he could apply for consent to assign, such consent not to be unreasonably . .

Application for leave to appeal against possession order – non renewal of business lease. . .

A business lease contained a clause to the effect that if the tenant wished to assign the premises he should first offer to surrender them to the landlord for the equivalent of the net premium value. If the landlord did not accept the offer then the . .

The tenant’s large shed was fixed to the land. Held: It was a tenant’s fixture which could be removed by the tenant at the end of his tenancy, even though it was annexed to the land and formed part of it. Judges: Scott LJ Citations: [1940] 1 All ER 247 Jurisdiction: England and Wales Cited … Continue reading Webb v Frank Bevis Ltd: 1940

In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999

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

Judges: Mummery, Etherton, Sulllivan LJJ Citations: [2012] EWCA Civ 36 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011 The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: CA 27 Jan 2012