Tag: Landlord and Tenant

Sheffield City Council v Jepson: CA 1 Mar 1993

The tenant was subject to an agreement not to keep a dog in her flat. The judge agreed that the term was appropriate, and that the breach of the term was both open persistent and determined. Under those circumstances it was not reasonable for him to refuse an order for possession.

Citations:

Ind Summary 01-Mar-1993, (1993) 25 HLR 299

Jurisdiction:

England and Wales

Cited by:

Cited – Joseph v Nettleton Road Housing Co-Operative Ltd CA 16-Mar-2010
The respondent was a mutual housing co-operative, and the claimant its tenant. The tenant kept a dog in the premises without the consent of the other tenants in breach of the terms of the lease. A notice to quit was served on him. His tenancy was . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Housing

Updated: 26 October 2022; Ref: scu.89206

System Floors Ltd v Ruralpride Ltd and Another: CA 31 Oct 1994

A break clause was contained in an agreement not in the lease but in a side letter which made the benefit of the break clause personal to the original lessee but said nothing express as to whether the burden of the break clause passed to an assignee of the reversion.
Held: The burden of a lease side letter went with the assignment of the Landlord’s interest. Referring to P and A Swift, Morritt LJ said about what is required of a covenant in order for it to touch and concern the land: ‘Any dictum of Lord Oliver of Aylmerton commands the greatest respect even when, as here, he does not purport to lay down an exhaustive test and, indeed, recognizes the dangers of attempting to do so. Nevertheless, I do not think that the burden of a covenant will fail to satisfy the conditions of section 142 merely because the benefit of it is personal to the present tenant.’

Judges:

Morritt LJ

Citations:

Ind Summary 31-Oct-1994, [1995] 1 EGLR 48

Statutes:

Law of Property Act 1925 142

Jurisdiction:

England and Wales

Citing:

Cited – P and A Swift Investments v Combined English Stores Group Plc HL 7-Jul-1988
The House was asked as to whether a covenant touched and concerned the land.
Held: Lord Oliver of Aylmerton said: ‘Formulations of definitive tests are always dangerous, but it seems to me that, without claiming to expound an exhaustive guide, . .

Cited by:

Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.89669

Regina v Brent London Borough Council Ex Parte Awua: CA 31 Mar 1994

Temporary housing may be treated as being settled, so an abandonment of it may be intentional homelessness.
The applicant had been accepted by Tower Hamlets as unintentionally homeless and in priority need, and given temporary accommodation. She refused a permanent place offered to her and was evicted. She applied to Brent who concluded that her refusal of accommodation made her intentionally homeless. Brent now appealed a finding against them.
Held: It was relevant when looking at the provision of public sector housing to the homeless, that an authority had previously accepted her as unintentionally homeless. It could not be assumed she would reject any offer made. Nevertheless Brent had to make its own assessment. It had asked itself the correct questions, not only whether she had acted reasonably in failing to accept an offer, but also whether the temporary accommodation was suitable. Appeal allowed.

Judges:

Dillon, Leggatt, Henry LJJ

Citations:

Independent 31-Mar-1994, Times 26-Apr-1994

Statutes:

Housing Act 1985 65

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Brent London Borough Council, Ex Parte Awua QBD 1-Jul-1993
A person refusing an offer of permanent accommodation was intentionally homeless. . .

Cited by:

Appeal from – Regina v Brent London Borough Council Ex Parte Awua HL 6-Jul-1995
The term ‘Accommodation’ in the Act was to be read to include short term lettings, and was not to be restricted to secure accommodation, and the loss of such accommodation can be counted as intentional homelessness. If a person who had been provided . .
Appeal from – Regina (on the application of) Awua v Brent London Borough Council HL 6-Jul-1995
Tower Hamlets, having determined the applicant to be homeless, in priority need and not intentionally homeless. After she occupied temporary accomodation she was offered an alternative being told it was the council’s policy only to make one such . .
Lists of cited by and citing cases may be incomplete.

Housing, Landlord and Tenant

Updated: 26 October 2022; Ref: scu.86190

Mountain v Hastings: CA 16 Apr 1993

The tenant disputed the effect of a notice to quit. Paragraph 3 of the form read: ‘The landlord intends to seek possession on grounds . . in Schedule 2 to the Housing Act 1988, which reads: Give the full text of each ground which is being relied on. (Continue on a separate sheet if necessary).’ By regulation 2 of the 1988 Regulations: ‘any reference to a numbered form is a reference to the form bearing that number in the Schedule to these regulations or to a form substantially to the same effect’.’
Held: A notice to quit given in respect of an assured tenancy need not follow the apparent wording of the Act precisely.
Ralph Gibson LJ said: ‘The regulation, however, expressly permits the notice to be effective in the prescribed form if it is ‘substantially to the same effect’, which I take to mean to be showing no difference in substance having regard to the legislative purpose of the provisions as a whole. I, therefore, am not persuaded that there is a statutory requirement that the ground be set out verbatim from the schedule. I am troubled by the risk that if the tenant is faced with the seven words which effectively set out the substance of a ground but in markedly different words, the tenant may, if he has access to the words in schedule 2, be puzzled and troubled by the difference. There is something to be said in favour in the use of the words in which the ground was enacted by Parliament. I do not decide this point, however, because the case can be, and I think should be, decided on the ground that the plaintiff’s notice was not ‘substantially to the same effect’ as that required by the Act and regulations.’
As to the extended powers given to courts under section 9, the court had the ‘impression’ that it ‘is not dealing with the ordinary power of adjournment which the court has to control and direct the conduct of a trial: it is directed to an extended discretion as there described.’ The tenant should know from the notice what he or she should do ‘which will best protect her against the loss of her home.’

Judges:

Ralph Gibson LJ

Citations:

Independent 16-Apr-1993, (1993) 25 HLR 427

Statutes:

Housing Act 1988 8 9

Jurisdiction:

England and Wales

Cited by:

Cited – North British Housing Association Ltd v Matthews, Same v Others CA 21-Dec-2004
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it . .
Mentioned – Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis CA 9-Apr-2003
The local authority landlord commenced proceedings for possession, but then transferred the properties to a registered social landlord. The tenants objected that the new landlords could not continue the proceedings.
Held: The transfer moved . .
Cited – Garrett v Halton Borough Council CA 18-Jul-2006
. .
Cited – Masih, Regina (on The Application of) v Yousaf CA 6-Feb-2014
Appeal against refusal to set aside possession order made under assured shorthold tenancy. No rent was paid on three rent days, but then the Housing benefit begand clearing arrears in part.
Held: It is settled law that the notice requiring . .
Cited – London Borough of Hackney v Findlay CA 20-Jan-2011
An application had been made to set aside a possession order obtained by a social landlord and determined by a district judge who applied CPR3.1 (7), when setting the possession order aside. By the time the landlord’s appeal against that decision . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.83883

Nicholls v Kinsey: CA 3 Feb 1994

The parties agreed a tenancy for 12 months, and thereafter to continue from year to year determinable by the landlord on twelve months’ notice. An order had been obtained from the court to exclude the tenancy from protection under the 1954 Act.
Held: The agreement and order taking the tenancy out of Part II protection was void because it was not a term of years certain. The term was a protected term.

Citations:

Ind Summary 07-Feb-1994, Times 03-Feb-1994, [1994] QB 600, (1994) 69 P and CR 438

Statutes:

Landlord and Tenant Act 1954

Jurisdiction:

England and Wales

Cited by:

Cited – The Receiver for the Metropolitan Police District v Palacegate Properties Ltd CA 9-Feb-2000
A prospective landlord and tenant applied to have the proposed tenancy excluded from security of tenure. The draft appended to the application had blanks for the dates, and a break clause.
Held: The intention was to demonstrate the parties . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.84293

Mason v Nwokorie: CA 19 Oct 1993

General and aggravated damages at common law are to be set off, against damages awarded under Housing Act 1988 s2. The general damages were attributable to the loss of the right to occupy the premises, and therefore the common law damages award should be set off against the statutory award for the same loss.

Judges:

Dillon LJ

Citations:

Gazette 17-Nov-1993, Times 19-Oct-1993, (1994) 26 HLR 60

Statutes:

Housing Act 1988 27

Jurisdiction:

England and Wales

Cited by:

Cited – Kaur v Gill CA 15-Jun-1995
A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was distinguished because on the basis that the common law . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Damages

Updated: 26 October 2022; Ref: scu.83464

Havenridge Ltd v Boston Dyers Ltd: CA 1 Apr 1994

The lease provided that the lessee should pay ‘by way of further and additional rent all yearly or other sums as the Lessor shall from time to time properly expend or pay to any insurance company in respect of or for insuring and keeping insured the demised premises’. The tenant contended that the landlord might have found cheaper insurance, and asked the court whether there had to be implied into the lease a term that the insurance premiums would be fair and reasonable.
Held: A landlord need not seek lowest insurance premiums, but need only act in normal course of business.
Evans LJ said that the landlord was entitled to an assumption that he had ‘paid the sums claimed to an insurer of repute and otherwise acted in accordance with the contract.’

Judges:

Evans LJ

Citations:

Times 01-Apr-1994, (1994) 49 EG 111

Jurisdiction:

England and Wales

Cited by:

Cited – Quirkco Investments Ltd v Aspray Transport Ltd ChD 23-Nov-2011
The defendant tenant said that it had exercised a break clause in the lease held of the claimant. The claimant said the break notice was ineffective because the defendant was in breach of the lease, not having paid an iinsurance service charge, and . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.81281

Hounslow London Borough Council v Pilling: CA 21 Apr 1993

One joint tenant relied upon the 1977 Act to try to protect her against eviction.
Held: One joint tenant may not unilaterally end a tenancy without full notice. However Nourse LJ in allowing the tenant’s appeal found ‘it abundantly clear that a joint tenant cannot unilaterally determine the tenancy by giving an inappropriate notice, for example one which does not give the period of notice required at common law or by the terms of the tenancy’, and said: ‘it is obvious that such an agreement cannot deprive the other joint tenant of the protection to which he is entitled under the Act.’

Judges:

Nourse LJ

Citations:

Gazette 21-Apr-1993, [1993] 1 WLR 1242

Statutes:

Protection from Eviction Act 1977 5(1)

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.81488

Graysim Holdings Ltd v P and O Property Holdings Ltd: CA 2 Mar 1994

‘Occupation’ by a tenant does not require physical occupation by him for him to have the right to renew the lease under the Act. A market operator letting all the stalls in a market area was a protected tenant.

Judges:

Lord Nicholls

Citations:

Gazette 13-Apr-1994, Times 02-Mar-1994

Statutes:

Landlord and Tenant Act 1954 23(1) Part II

Jurisdiction:

England and Wales

Citing:

Reversed on appeal – 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 by:

Appeal from – 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. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.80998

Estates Gazette Ltd v Benjamin Restaurants Ltd and Another: CA 27 May 1994

There can be no argument against the continuing liability of a past Tenant after an assignment of the lease. An assignee taking a lease takes the obligations for the entire remaining term.

Citations:

Times 27-May-1994, Ind Summary 27-Jun-1994, Gazette 22-Jun-1994

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.80373

City of London Corp v Fell and Others: Herbert Duncan Ltd v Cluttons (A firm): CA 31 Mar 1993

An original Tenant is not liable for arrears arising on the tenancy extended by an assignee beyond the original term.
The vesting of the leasehold estate in the tenant carried with it the burden of covenants that touched and concerned the land. Nourse LJ said that this category of covenant was ‘imprinted on the term’.

Judges:

Nourse LJ

Citations:

Gazette 31-Mar-1993, [1993] QB 589, [1993] 2 All ER 449, (1992) 65 P and CR 229, [1993] 2 WLR 710, [1993] 1 EGLR 93, (1992) 91 LGR 151

Statutes:

Landlord and Tenant Act 1954 24(1)

Jurisdiction:

England and Wales

Cited by:

Appeal from – Corporation of City of London v Fell and Others HL 3-Dec-1993
The original tenant under a lease was not liable for arrears of rent on a tenancy continued after an assignment and after the original contract term has ended. The right of a transferee of the reversion to recover rent is, both in common law and . .
Cited – Smith and Another v Jafton Properties Ltd CA 2-Nov-2011
The landlord challenged the right of the tenants to acquire the freehold. Lessees had been subdivided the apartments and then, without the landlord’s consent, assigned them. The new arrangement had increased the number of qualifying tenancies so as . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 26 October 2022; Ref: scu.79149

Connaught Restaurants Ltd v Indoor Leisure Ltd: CA 17 Sep 1993

The lease provided the tenant would pay the rent ‘without any deduction’.
Held: The words ‘without any deductions’ in a lease were ambiguous and were insufficient to exclude the tenant’s right to claim a set off. Clear words are needed before the court will impute to the parties an intention to exclude the equitable rights of set-off.

Citations:

Gazette 16-Feb-1994, Independent 17-Sep-1993, Times 27-Jul-1993, [1994] 1 WLR 501

Jurisdiction:

England and Wales

Citing:

Cited – British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd ChD 19-Dec-1978
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage . .
Disapproved – Famous Army Stores v Meehan 1993
. .

Cited by:

Cited – Edlington Properties Limited v J H Fenner and Co Limited CA 22-Mar-2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in . .
Cited – Marubeni Corporation v Sea Containers Ltd ComC 17-May-1995
Procedure – set-off – contract for supply of containers – construction of contract – clear words to exclude right of set-off – equitable set-off – abatement – defective containers. The words ‘without deduction’ have been held in the context of a . .
Cited – BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc CA 29-Apr-1999
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Equity

Updated: 26 October 2022; Ref: scu.79441

Arnold and Others v National Westminster Bank Plc: CA 14 Mar 1994

There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the basis was not followed in British Gas. The judge had remitted the award to the arbitrator to be assessessed on the British Gas basis.
Held: The court did not have that power. Decisions of arbitrators were not to be acceoted for review easily, and remission was available only in certain limited cases. A change in the law was not to be seen as equivalent to new evidence.

Citations:

Ind Summary 14-Mar-1994, [1994] NPC 37 CA, [1994] CLY 2807

Statutes:

Arbitration Act 1950 22

Jurisdiction:

England and Wales

Citing:

Cited – British Gas Corporation v Universities Superannuation Scheme ChD 1986
The lease had a five yearly rent review, to be the highest of the current rent the rack rental value at the relevant rate. The rack rent was calculated under a hypothetical lease containing the same provisions (save for rent). The tenant sought a . .
Cited – King v Thomas McKenna 1991
. .
Lists of cited by and citing cases may be incomplete.

Arbitration, Landlord and Tenant

Updated: 26 October 2022; Ref: scu.77871

Flat 5, Isis Court Garrard Gardens – Birmingham : Midland : Birmingham (Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss): LVT 16 Apr 2012

LVT Houses/Flats – Enfranchisement, Lease Extensions and Compensation for Loss

Citations:

[2012] EWLVT BIR – LV – HEL – 00CN – 0

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 25 October 2022; Ref: scu.459211

Samuels Towers Longhill Avenue – Medway : Midland : Birmingham (Service Charges): LVT 6 Mar 2012

Citations:

[2012] EWLVT CHI – LV – SVC – 00LC – 0, [2012] EWLVT CHI – LV – SVC – 00LC – 0

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – Samuels Towers Longhill Avenue – Medway : Midland : Birmingham (Service Charges) LVT 27-Nov-2013
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 25 October 2022; Ref: scu.459108

Regina v Rent Officer of Kensington and Chelsea, Ex Parte Hartley: QBD 22 Mar 2001

The landlord applied to register a fair rent. The tenant resisted the claim, saying that the forms had not been correctly completed, answering questions by reference to other documents. The application form was not satisfactorily completed, but not so as to make it invalid. The landlord had intended to answer the questions. The questionaire gave the tenant enough information to allow him to know how to challenge the application, and he had not been prejudiced.

Citations:

Times 22-Mar-2001

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 25 October 2022; Ref: scu.88593

Flats 76,79,81,89, and 90 Quarry Spring – Harlow : Midland : Birmingham (Service Charges): LVT 8 Mar 2012

Application to dispense with consultation requirements in respect of qualifying works.

Citations:

[2012] EWLVT CAM – LV – SVC – 22UJ – 0

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 20ZA

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 24 October 2022; Ref: scu.459090