Tag: Landlord and Tenant

Beedles v Guinness Northern Counties Ltd: CA 19 Apr 2011

The tenant of a pub argued that the landlord brewery had an obligation to make alterations to the pub so as to allow him properly to enjoy it notwithstanding his disability. He suffered epilepsy and could no longer safely decorate it himself. He sought to require the landlord to do so.

Judges:

Maurice Kay, Carnwath, Moses LJJ

Citations:

[2011] EWCA Civ 442

Links:

Bailii

Statutes:

Disability Discrimination Act 1995 24C

Jurisdiction:

England and Wales

Discrimination, Landlord and Tenant

Updated: 06 September 2022; Ref: scu.432832

Katana and Another v Catalyst Communities Housing Ltd: CA 28 Jan 2010

The defendants sought leave to appeal against an order for possession. The landlords were to sell the property to a housing association and let the property to tenants for three months and thereafter terminable on one month’s notice. The tenant had sublet parts of the premises to others (including the defendants) on long leases. Those sub-tenants sought the protection of the 1954 Act.

Judges:

Patten LJ

Citations:

[2010] EWCA Civ 370, [2010] 26 EG 92, [2010] 2 EGLR 21

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Citing:

Cited – D’Silva v Lister House Development Ltd 1970
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The . .
Cited – Javad v Aqil CA 15-May-1990
P in possession – tenancy at will Until Completion
A prospective tenant was allowed into possession and then made periodic payments of rent while negotiations proceeded on the terms of a lease to be granted to him. The negotiations broke down.
Held: The tenant’s appeal failed. It was inferred . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 03 September 2022; Ref: scu.430472

Craftrule Ltd v 41-60 Albert Place Mansions (Freehold) Ltd: CA 24 Feb 2011

The court was asked to construe the phrase ‘a self- contained part of a building’ in the 1993 Act.

Judges:

Smith LJ

Citations:

[2011] EWCA Civ 185

Links:

Bailii

Statutes:

Leasehold Reform, Housing and Urban Development Act 1993 3 4

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 03 September 2022; Ref: scu.430046

Rosebery Ltd v Rocklee Ltd and Another: ChD 20 Jan 2011

The tenant of an apartment on the top floor of a building said that the lease included the empty roof space above him and that accordingly the landlord had not been able to let that space elsewhere.

Judges:

Strauss QC DJ

Citations:

[2011] EWHC B1 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 September 2022; Ref: scu.428425

Hemphurst Ltd v Durrels House Ltd: UTTC 5 Jan 2011

UTTC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – acquisition of land and rights – acquisition of leasehold interests – interpretation – nominee purchaser with right to acquire leasehold interest – whether required to acquire totality of leasehold interest – whether entitled to chose to acquire only part of leasehold interest – appeal allowed – Leasehold Reform Housing and Urban Development Act 1993 s.2.

Citations:

[2011] UKUT 6 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 01 September 2022; Ref: scu.428145

Lord Falconer of Halkerton v David Lawson: HL 23 Feb 1778

Lease – Ambiguous Clause. – A clause in a lease of fifty-seven years, bound the tenant ‘to renounce at Lammas, before the expiry of the first nineteen years, or prorogue the same for three years, in the option of the said Lord Halkerton, and the said David Lawson.’ Held, in an action of removing brought against the tenant, that this did not import an option that might be exercised by the landlord alone. Reversed in the House of Lords, and held it an option which either landlord or tenant might use singly and alone.

Citations:

[1778] UKHL 6 – Paton – 799

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 27 August 2022; Ref: scu.562019