The tenant had received the landlord’s notice regarding renewal of the tenancy, and replied requesting a new tenancy, and later applied to the court. Before the end of the contractual term, the tenant vacated the property. The landlord claimed for rent for the period after the expiry of the contractual tenancy when the tenancy was … Continue reading Surrey County Council v Single Horse Properties Ltd: CA 26 Mar 2002
The claimant sued its solicitors for failing to make application in time for a new tenancy. The solicitors said that the claimant, a company limited by guarantee, and not allowed to distribute any trading profit, was not protected under the 1954 Act. Held: An inability to distribute its profits did not mean a company was … Continue reading Hawkesbrooke Leisure Ltd v Reece-Jones Partnership: ChD 18 Nov 2003
The landlord appealed a finding of the county court that a notice of assured shorthold tenancy needed to be served on the tenant personally. Here the notice had been served on the proposed tenant’s solicitors. Held: Though Galinski applied to a different procedure the analogy was appropriate. Service on the tenant’s solicitors was adequate. Proceedings … Continue reading Yenula Properties Ltd v Naidu: ChD 18 Jul 2002
The case concerned whether, under the Act, an incorporeal right of fishing, demised as part of a lease of an hotel, was part of the ‘premises’ for the purpose of the Act. Held: The standard conveyancing meaning of the word ‘premises’ has long been established as meaning the subject matter of the habendum of the … Continue reading Whitley v Stumbles: HL 1930
Citations: (1990) TLR 43 Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Cited by: Cited – Dolgellau Golf Club v Hett CA 3-Apr-1998 The landlord opposed the renewal of the tenancy saying that it wanted to run a golf club on the land. The tenant replied, saying that the businees had little prospect … Continue reading Edwards v Thompson: CA 1990
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
Birmingham Council had granted H and W a joint secure tenancy of a three-bedroom home. The marriage broke down and W left with the two children. She obtained a non-molestation order and an ouster order against him. H tried to force his way into the home. W applied to the council, and it provided her … Continue reading Bradney, Birmingham City Council v Birmingham City Council, McCann: CA 9 Dec 2003
The proposed landlord had sealed the lease, but the tenant was to seal and deliver his part by a certain date. The respondent purported to complete the lease later. Held: Under the 1985 Act completion would require writing, intention and delivery. Sealing was insufficient. Section 74 of the 1925 Act did not refer to delivery. … Continue reading Bolton Metropolitan Borough Council v Torkington: CA 31 Oct 2003
The plaintiffs had bought a cottage subjecty to a tenancy to the defendant. They sought possession saying that she held under a tenancy at will. It was a renancy for her life but described as a tenancy at will. The judge had held that the other terms were quite inconsistent with a tenancy at will. … Continue reading Binions v Evans: CA 27 Jan 1972
Judges: Sedley, Wall LJJ Citations: [2001] EWCA Civ 1073, (2001) 82 P and CR DG24, [2001] NPC 110 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Landlord and Tenant Updated: 31 May 2022; Ref: scu.147608
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 opposed the grant of a new tenancy on redevelopment grounds. The judge found that the landlord had not established the requisite intention at the hearing date, but held that the intention would be established six months later. He made a declaration to that effect under section 31 (2) of the Act, which had … Continue reading Accountancy Personnel Ltd v Salters’ Company: CA 1972
In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and director of landlord company, rather than the landlord company itself. Held: The landlord’s notice was invalid. It was a form preescribed by the rules requiring the correct identification of the … Continue reading Morrow v Nadeem: 1981
In some cases the relation of tenant at will may be expressly created by contract. Citations: (1907) 2 Ch 137 Cited by: Cited – Wheeler v Mercer HL 31-Oct-1956 The freeholder sought possession of his premises occupied by the defendant over many years. The tenant said that he had the protection of the 1954 Act … Continue reading Morgan v William Harrison Limited: 1907
Protection was sought under the 1954 Act for premises where the relevant occupation was partly residential and partly for the purposes of a business. Held: The Act will apply so long as the business activity is a significant purpose of occupation. It must be more than incidental. The business occupation must exist both at the … Continue reading Cheryl Investments v Saldanha: CA 1978
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
Estoppel and waiver are open to the recipient of a notice (including a counter-notice) under 1993 Act, in the same way as they are open to the recipient of a notice (or indeed, a counter-notice) under Part II of the 1954 Act. Judges: Cooke J Citations: [2003] 1 EGLR 78 Cited by: Cited – Lay … Continue reading Latifi v Colherne Court Freehold Limited: 2003
A long lease at a premium and a low rent comprised three rooms at the top of a building. Clause 7 provided that the landlord should be entitled to buy the residue of the lease for andpound;2,500 if either the tenant gave notice to the landlord that he wished to vacate the premises or the … Continue reading Re Hennessey: 1975
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
A student tenant left the property for a few days. Whilst she was away, the pipes froze, cracked, and then burst. The landlord complained that he had neither turned off the water, nor lagged the pipes. Held: The tenant had no such obligation at common law, and nor had the landlord an obligation to lag … Continue reading Wycombe Health Authority v Barnett: CA 1982
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
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
Premises had been sub-let under full repairing leases and the disrepair which was the subject of the landlord’s action against the head tenant was due to breaches by the sub-tenants of their repairing obligations, who had by the term date of the head lease applied for new tenancies under the 1954 Act. Held: There was … Continue reading Family Management v Gray: 1980
Under Section 10 of the 1951 Act an occupier might apply for obtain a new tenancy. The expiring tenancy had end immediately before the Act came into force or within two years of that date, ‘and would so come to an end by effluxion of time or by the expiration of a notice ‘ to … Continue reading Martinali v Ramuz: CA 1953
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 notice of intended prosecution was sent to the defendant in connection with an allegation of driving without due care and attention. When the matter came before the court, the defendant argued that the prosecution had failed to meet the requirements of section 241. Following a car acident the defendant had been unconscious in hospital. … Continue reading Hosier v Goodall: QBD 1962
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
A tenant challenged his landlord’s refusal of consent to an assignment. Held: The refusal was reasonable. The onus of proving that consent has been unreasonably withheld is on the tenant. It was not enough to show that other lessors might have accepted the proposed assignees; the lessors were not to be held to have witheld … Continue reading Shanly v Ward: CA 1913
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
The defendant appealed against his convictions under the 1977 Act. Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. However, the appeal against the offence under section 1(3) failed. It was sufficient to establish that the acts, … Continue reading Regina v Yuthiwattana: CACD 1984
A bastardy summons had been served on the defendant but he had not been properly served with a written notice indicating the date of an adjourned hearing. He sought an order for certiorari to quash the decision of the court. Held: Where there has been no service at all then the subsequent order is irregularly … Continue reading Regina v County of London Quarter Session Appeals Committee ex parte Rossi: CA 1956
There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the tenant. Held: The validity of the declaration could be challenged … Continue reading Lazarus Estates Ltd v Beasley: CA 1956
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific performance. Held: The words ‘subject to the preparation and approval of a formal contract’ … Continue reading Winn v Bull: ChD 19 Nov 1877
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
Application was made for consent to assign a lease. The court was asked whether or not the purchaser of a leasehold interest in a property, who had elected to affirm the contract despite a repudiatory breach by the vendor, could be held to his election if, when he made it, he was aware of facts … Continue reading Peyman v Lanjani: CA 1985
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 had opposed the tenant’s application to renew his tenancy, and the tenant also claimed title to additional land by adverse possession. The tenant asserted various business uses, some of which the landlord denied. The landlord went into liquidation, the title was disclaimed by the liquidator, and the mortgagee sold on to the defendant. … Continue reading Fowles v Heathrow Airport Ltd: ChD 15 Feb 2008
‘It was no part of the policy . . of the 1954 Act to give security of tenure to a business tenant at the expense of preventing redevelopment.’ Stamp LJ [1978] 2 EGLR 46, [1978] 247 EG 46 Landlord and Tenant Act 1954 England and Wales Cited by: Cited – Davies Attbrook (Chemists) Ltd v … Continue reading Adams v Green: 1978
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 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
Action for damages for breach of a repairing covenant on the expiry of a lease. The court looked at the intention required of a landlord to show an intended purpose to oppose renewal of a lease. Asquith LJ said: ‘An ‘intention’ to my mind connotes a state of affairs which the party ‘intending’ – I … Continue reading Cunliffe v Goodman: CA 1950
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
Whether lease break notice was effective where lease said ‘which notice must be expressed to be given under section 24(2) of the Landlord and Tenant Act 1954’ Held: Valid Mr N Strauss QC [2013] EWHC B15 (Ch) Bailii England and Wales Landlord and Tenant Updated: 20 November 2021; Ref: scu.515329
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
Offence of Conspiracy to corrupt public morals The defendant appealed against his convictions for conspiracy to corrupt public morals, and for living from the earnings of prostitution. He said that first was not an offence known to common law. After it became unlawful for a prostitute to ply her trade on the streets, the defendant … Continue reading Shaw v Director of Public Prosecutions: HL 4 May 1961
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
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
The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm of solicitors representing the opposing party, … Continue reading Taylor v Lawrence: CA 4 Feb 2002
No appeal on facts from award The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been … Continue reading Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a nuisance. The local authority then successfully brought summary proceedings for possession, on the ground … Continue reading Connors v The United Kingdom: ECHR 27 May 2004
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 claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to demand excessive rents. The defendant sought to strike out that part of the claim. Held: The … Continue reading Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 24 Feb 2011
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
P in possession – tenancy at will Until Completion A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down. Held: The tenant’s appeal failed. It was inferred in the absence of any other … Continue reading Javad v Aqil: CA 15 May 1990
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a court order which required the applicant to leave the house, which … Continue reading McCann v The United Kingdom: ECHR 13 May 2008
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to liability on . .
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 parking space is an . .
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. . .
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 . .
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 . .
By an agreement in writing, the defendant agreed with the plaintiff to take a lease of a house. The other details were included, but the agreement was ‘subject to the preparation and approval of a formal contract’. The plaintiff sought specific . .
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 . .
