ECHR The applicant’s apartment was subject to a judicial sale for non-payment of debt. She was ill, and did not participate in the sale. The local law had time limits for challenging a judicial sale, designed to protect the right of a bona fide purchaser and to ensure legal certainty. Held: Neither interest proposed was … Continue reading Zehentner v Austria: ECHR 16 Jul 2009
The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was … Continue reading Cosic v Croatia: ECHR 15 Jan 2009
The claimant challenged the Act as being an unlawful discrimination. Held: The 1985 Act in allowing only one succession to a secure tenancy found a proper balance between the needs of the tenant’s family and the duty of a local housing authority to manage its housing stock in the interests of the locality and of … Continue reading Regina (Gangera) v London Borough of Hounslow: Admn 2003
The tenant farmer served two notices both referring the landlord’s notice to quit to arbitration (s28(4)) and also a counter-notice (s28(2)). The landlord said he could not serve both and had not identified which he wished to proceed upon. No referral in fact took place. Held: The legislation contemplated only one decision about the tenancy, … Continue reading William Smith (Wakefield) Ltd v Parisride Ltd: Admn 23 Mar 2005
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
The ‘Baltic Surveyor’ was lost at its moorings in a storm. A neighbouring ship had been negligently secured, and freed itself and sank the Baltic Surveyor. The owner appealed findings as to the value of the boat, and securing pontoon. She asserted that the boat chosen for comparison had in fact been sold for more … Continue reading Voaden v Champion ( ‘Baltic Surveyor’ ): CA 31 Jan 2002
The tenant had used the premises for both residential and business use. He claimed that, the business use having ceased, he had the protection of the 1977 Act. Held: The Pulleng case required te court to reject the tenant’s argument. The meaning of the phrase ‘let as a separate dwelling’ had contracted and no longer … Continue reading Wagle v Trustees of Henry Smith’s Charity Kensington Estate: CA 1990
There is no significance in the fact that a formal written agreement, whether executed or not, is in different terms to the oral discussions leading up to it, subject of course to the appropriate authority of those who have executed it.Lord Blackburn said: ‘So long as they are only in negotiation either party may retract; … Continue reading Rossiter v Miller: 1873
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
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
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 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
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
The claimant appealed against a costs order. She had previously appealed against an order of the High Court on her application for judicial review of the inquest held by the respondent. Held: The coroner, and others in a similar position should not generally be expected to pay the costs of an appeal against an order … Continue reading Regina on the Application of Davies (No 2) v HM Deputy Coroner for Birmingham: CA 27 Feb 2004
The fact that the parties might contemplate the possibility of a further written agreement, does not prevent an original agreement being effective as a contract. Citations: [1947] KB 857 Cited by: Cited – City Connect Management Ltd v Telia International Carrier UK and Another TCC 30-Jul-2004 The parties sought the expenses incurred in negotiating a … Continue reading Branca v Cabarro: CA 1947
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
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
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
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 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 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
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
Cargo owners sought damages for their cargo which had been damaged aboard the ship. The contract had been endorsed with additional terms. That variation may have changed the contract from a charterer’s to a shipowner’s bill. Held: The specific terms added prevailed over the standard terms printed on the bill of lading. The bill was … Continue reading Homburg Houtimport BV v Agrosin Private Ltd (the ‘Starsin’): HL 13 Mar 2003
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
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
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
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
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 . .
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 . .
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 . .