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 incorporeal heraditament, and can be premises and occupied within the 1954 Act, and on this occasion, the judge had found them to be so occupied.
Arden LJ, Hooper LJ, Hughes LJ
[2006] EWCA Civ 1001, [2006] EGLR 37, [2007] 1 P and CR 115, [2006] 29 EG 133, [2007] L and TR 8, [2006] 38 EG 192
Bailii
Landlord and Tenant Act 1954 23(1)
England and Wales
Citing:
Cited – Whitley v Stumbles HL 1930
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 . .
Cited – Bacchiocchi v Academic Agency Limited CA 20-Feb-1998
The ‘continuous occupation’ required of a tenant to support a claim for disturbance on the non-renewal of his lease under the Act is not to be lost for the normal incidents of business life. The tenant had anticipated the non-renewal of the tenancy . .
Cited – Graysim Holdings Ltd v P and O Property Holdings Ltd HL 24-Nov-1995
A market hall had been let to a tenant under a lease. The tenant fitted out the entire hall with stalls and entered into agreements with the stallholders, by which they paid the tenant a rent and service charge for services provided by the tenant. . .
Cited – Land Reclamation Co Ltd v Basildon District Council CA 1979
The tenant had acquired from the defendant a lease of access rights to its premises. It sought a renewed tenancy under the 1954 Act.
Held: A lease of an easement on its own was not a lease of premises, and the tenancy was not protected under . .
Cited – Jones v Christy CA 1963
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 . .
Cited – Smallwood v Sheppards QBD 12-Aug-1895
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 . .
Mentioned – Morrisons Holdings Ltd v Madners Properties (Wolverhampton) Ltd 1979
. .
Lists of cited by and citing cases may be incomplete.
Updated: 13 October 2021; Ref: scu.243295
