The tenant had a lease of business premises. The premises were damaged in a terrorist attack, and the landlord served a notice terminating the lease. The lease gave the right to the landlord to determine the lease if the property was incapable of occupation for more than six months. It came to be accepted that … Continue reading Blunden v Frogmore Investments Ltd: CA 30 Apr 2002

As to the landlord’s intention to reconstruct the premises on opposing a renewal: ‘[a] man cannot properly be said to ‘intend’ to do . . work when he has not got the means to carry it out. He may hope to do so; he will not have the intention to do so.’ Judges: Denning LJ … Continue reading Reohorn v Barry Corporation: CA 1956

The tenant had applied for a new tenancy. The landlord offered to provide suitable accomodation. Held: Where the landlord’s offer met the statutory criteria, the court had no jurisdiction to grant a new tenancy. What mattered was the landlord’s intention at the date of the hearing. Judges: Denning LJ, Evershed MR Citations: [1957] Ch 67 … Continue reading Betty’s Cafe Ltd v Phillips Furnishing Stores Ltd: CA 1957

The defendant was allowed to go into occupation of the plaintiff’s premises solely for the purpose of selling the plaintiff’s brands of petrol and the defendants undertook to use every endeavour and due diligence to sell and foster the sale of the plaintiff’s products. The plaintiffs also were entitled to considerable rights of access to … Continue reading Shell-Mex v Manchester Garages: CA 1971

Claim for a declaration that a tenancy was held under the 1954 Act. Judges: Pumfrey J Citations: [2000] EWHC 459 (Ch), (2000) 80 P and CR D38, [2000] L and TR 439, [2000] EG 57 Links: Bailii Statutes: Landlord and Tenant Act 1954 Jurisdiction: England and Wales Citing: Cited – Javad v Aqil CA 15-May-1990 … Continue reading London Baggage Company v Railtrack Plc (No. 1): ChD 17 Apr 2000

The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking spaces had been allocated. The move was made, but the lease … Continue reading The Picture Warehouse Ltd v Cornhill Investments Ltd: QBD 23 Jan 2008

Lord Denning MR doubted whether the mere letting of an incorporeal hereditament could be occupation so as to be the subject of a new tenancy within the 1954 Act. However, since the fishing rights had been used for the purposes of a business in connection with a room that was also let by the same … Continue reading Jones v Christy: CA 1963

The parties disputed whether a tenant’s counter-notice had been served within the time limit applicable. It was out of time if the time ran from the date of posting of the landlord’s notice, but not if timed from the date of receipt. Held: The Landlord’s appeal succeeded. Judges: Neuberger J Citations: [2003] EWHC 1252 (Ch), … Continue reading Beanby Estates Ltd v The Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

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 landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time. Held: The combination of the various provisions meant that the landlord’s notice had irrevocably been deemed to have been served and on the day it was posted. … Continue reading Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd: ChD 9 May 2003

The tenant sought to renew his tenancy. Proceedings were commenced as negotiations continued. They were uncontested. The landlord later and at the last moment sought permission to amend the pleadings to include a request for a break clause, and now appealed a refusal of that permission. Held: The appeal succeeded. The judge had referred to … Continue reading Davies Attbrook (Chemists) Ltd v Benchmark Group plc: ChD 26 Oct 2005

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 as a tenant at will. The landlord said that the occupation was not protected. The formal tenancy had been terminated before the 1954 Act came in, but the tenant … Continue reading Wheeler v Mercer: HL 31 Oct 1956

The tenant had had two six month tenancies followed by a tenancy at will. He sought protection under the 1954 Act, saying that the total term exceeded 12 months. Held: A period which did not itself qualify under the Act could not be aggregated with earlier tenancies which failed similarly in order to create a … Continue reading Cricket Ltd v Shaftesbury plc: ChD 16 Dec 1998

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

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

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

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

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

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

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

On a lease renewal under the 1954 Act the previous lease had had no rent review. Held: When the new lease was to contain a rent review clause it could be an upwards/downwards clause. Citations: [1986] 2 EGLR 76 Landlord and Tenant Updated: 13 May 2022; Ref: scu.218821

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

A notice under the Act which specified the penultimate date of the tenant’s term as the date on which possession was required was invalid. The Act required the date to be not before the tenant’s term expired by effluxion. Citations: [1969] 209 EG 1319 Statutes: Lanldord and Tenant Act 1954 27 Landlord and Tenant Updated: … Continue reading Central Estates (Belgravia) Ltd v Webster: 1969

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

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

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

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

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

On the renewal of the tenancy under the 1954 Act, the landlord applied to have an interim rent fixed. Held: The interim rent in this case should be set at 100% of the full market rent, because the tenancy had continued for a long time on the contractual basis. Citations: [1992] 42 EG 156 Statutes: … Continue reading Department of Environment v Allied Freehold Property Trust Ltd: 1992

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 court held that in all the reported cases where it was held that an agreement was a licence rather than a tenancy: ‘In all the cases where an occupier has been held to be a licensee there has been something in the circumstances, such as a family arrangement, an act of friendship or generosity, … Continue reading Facchini v Bryson: 1952

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

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

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

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 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