The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might in fact remedy the breaches before the end of the tenancy. The tenant … Continue reading Crewe Services and Investment Corporation v Silk: CA 2 Dec 1997
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed. Held: The damage to the reversion should have been inferred from the estimated cost of repairing … Continue reading Latimer and Another v Carney and others: CA 27 Oct 2006
Caim for dilapidations on the termination of a lease of the Norton Building in Welwyn Garden City. Ramsey J [2013] EWHC 2227 (TCC), [2013] BLR 554, (2013) 149 Con LR 147, [2013] 5 Costs LR 758 Bailii Landlord and Tenant Act 1927 18(1) Landlord and Tenant, Costs Updated: 17 November 2021; Ref: scu.513786
The court considered the measure of damages for a tenant’s failure to comply with his covenant to repair where the premises did have redevelopment potential but a purchaser would still pay more if the premises were in a good state of repair.Neuberger J said: ‘In a case where the landlord has carried out the works … Continue reading Craven Builders Ltd v Secretary of State for Health: 2000
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
the test for the application of section 18(1) depended on the intention of the landlord at the time when the tenancy came to an end [1942] 2 KB 38 Landlord and Tenant Act 1927 18(1) England and Wales Cited by: Cited – S Franses Limited v The Cavendish Hotel (London) Ltd SC 5-Dec-2018 The question … Continue reading Marquess of Salisbury v Gilmore: 1942
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
The landlord let the ground floor and four rooms on the first floor to the tenant for one year. The tenant covenanted to keep and deliver up the premises in good and tenantable repair, but was in breach. The landlord redocorated the rooms and relet the premises, and sought the cost of redecoration. The tenant … Continue reading Jones v Herxheimer: CA 1950