Appointment of Manager – Section 24 Landlord and Tenant Act 1987 [2015] UKFTT RP – MAN – 00CM – Bailii England and Wales Landlord and Tenant Updated: 17 November 2021; Ref: scu.626714
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
No Frustration of Lease through loss of access The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated. Held: The lease was not frustrated. The lease had a term of ten years, and the interruption was … Continue reading National Carriers Ltd v Panalpina (Northern) Ltd: HL 11 Dec 1980
The claimant’s employment by the bank had been terminated. The parties disputed the sums due, and the date of the termination of the contract. The court was asked ‘Does a repudiation of a contract of employment by the employer which takes the form of an express and immediate dismissal automatically terminate the contract?’ Held: Mr … Continue reading Societe Generale, London Branch v Geys: SC 19 Dec 2012
A house and an adjoining building had been first demised under one lease, then separated vertically. Two separate residential properties now existed. Held: The vertical division meant that the two houses could not be enfranchised as one under the Act. The Act also provided that where a property had been divided in such a way … Continue reading Malekshad v Howard de Walden Estates Limited: HL 5 Dec 2002
The claimants sought commission or a quantum meruit for the part they had taken in finding a suitable site for the defendant’s High Commission in London. Held: The works undertaken were consistent with the claimant seeking work from the defendant. No contract had been signed, and the defendant had indicated a reluctance to agree to … Continue reading MSM Consulting Ltd v United Republic of Tanzania: QBD 30 Jan 2009
Rectification – Chartbrook not followed Opportunity for an appellate court to clarify the correct test to apply in deciding whether the written terms of a contract may be rectified because of a common mistake. Held: The appeal failed. The judge was right to conclude that an objective observer would have understood – just as Barclays … Continue reading FSHC Group Holdings Ltd v Glas Trust Corporation Ltd: CA 31 Jul 2019
The tenant under a long lease sought enfranchisement. The landlord denied that it was a ‘house’ reasonably so called within the 1967 Act. The building had been constructed as a house, but was now substantially used as offices. They could only be used under the lease as to 11.5% for residential purposes, the remainder of … Continue reading Grosvenor Estates Ltd v Prospect Estates Ltd: CA 21 Nov 2008
The landlord and the ‘tenant’ specifically agreed that the tenancy should be granted to a limited company formed by the tenant, which it was legitimate for them to do so as to avoid the Rent Acts, and the tenant had taken legal advice. Held: In these circumstances the individual who had formed the company could … Continue reading Hilton v Plustitle Ltd: CA 1988
The House considered situations where a secure or assured tenancy had been made subject to a suspended possession order and where despite the tenant failing to comply with the conditions, he had been allowed to continue in occupation. Held: Mrs White remained an assured tenant despite the continued suspended possession order. Mr Porter was entitled … Continue reading Knowsley Housing Trust v White; Honeygan-Green v London Borough of Islington; Porter v Shepherds Bush Housing Association: HL 10 Dec 2008
The court considered the right to succeed to a secure tenancy which has terminated during the lifetime of the tenant as a result of a possession order, but with the former tenant remaining in possession as ‘a tolerated trespasser’, and having a right to apply for the revival of his tenancy under s 85 of … Continue reading Austin v London Borough of Southwark: CA 16 Feb 2009
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
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 . .
Before the parties called evidence, and having read the papers, the court considered that there was no real defence shown, and invited submissions. Negotiations for the grant of a tenancy had been terminated by the sudden illness of the proposed . .
Various leases of properties had been granted. Legal and General occupied the property under an arrangement under which they paid no rent. The landlord sought possession, saying that the agreements were licences not tenancies because of the absence . .
The building had been constructed in 1869. It was used as a house on three floors with a basement. The ground floor was later used as a shoe repairing shop and then as a betting shop with living accommodation still used for dwelling purposes in the . .
The reality of the agency of a receiver is reflected in the continuity, after the appointment of receivers, of the rateable occupation of the mortgagor through the agency of the receivers. The possession of an agent is to be attributed to that of . .
Three Leases of the Peter Jones site to T’s predecessor in 1934 contained covenants by T to redevelop the site in two phases, the second of which related to the MackMurdo and Simon’s Street buildings and was to be completed by December 25 1987. In . .
A notice was issued under s 14 of the Conveyancing and Law of Property Act 1881 in which the lessor alleged generally that the lessee had ‘broken the covenants for repairing the inside and outside’ of the demised premises, and required the lessee to . .
The House referred to a schedule of repair served on the tenant: ‘Now the schedule is attacked on several grounds. It is said that it does not tell the tenant what it is he ought to do in order to remedy the breach of which complaint is made. I am . .
The landlords’ managing agents learned that the tenant had been convicted of keeping a brothel at the premises and served a section 146 notice intending to forfeit the tenancy. He told his staff and instructed them not to demand or accept rent. But . .
References: [1963] 1 QB 887, [1963] 1 All ER 500 Coram: Sachs J Ratio: To demand rent may waive a right to forfeiture. Sachs J said: ‘When one looks at the authorities, it is, however, clear that a demand can operate as a waiver in the same way as an acceptance.’ Also the landlord’s own … Continue reading Segal Securities Limited v Thoseby: 1963