Tag: Landlord and Tenant

Westbrook Dolphin Square Ltd v Friends Life Ltd: CA 18 May 2012

W appealed against the striking out as an abuse of its request for a declaration that the tenants of the flats at Dolphin Square were entitled to acquire its freehold from the respondents. They had previously served and withdrawn a notice claiming the right.
Held: The tenants’ appeal was allowed. CPR 38.7 did not operate to restrict the right gfiven by the 1993 Act to make a second claim after a period of one year had expired from the withdrawal of the first. The statutory right to serve successive notices necessarily carried with it the right to make successive applications to the court.

Judges:

Lord Neuberger MR, Longmore. Lewison LJJ

Citations:

[2012] EWCA Civ 666, [2012] HLR 38, [2012] WLR(D) 151, [2012] 2 EGLR 76, [2012] LandTR 36, [2012] 1 WLR 2752, [2012] 4 All ER 148, [2012] CP Rep 33, [2012] 32 EG 42, 2012] 2 PandCR 8

Links:

Bailii, WLRD

Statutes:

Leasehold Reform, Housing and Development Act 1993 22 823, Civil Procedure Rules 38.7

Jurisdiction:

England and Wales

Citing:

Appeal from – Westbrook Dolphin Square Ltd v Friends Provident Life and Pensions Ltd ChD 14-Sep-2011
The defendant sought to have the claim struck out as an abuse of process, saying that it was a repeat of a claim previously made and withdrawn.
Held: The application succeeded. . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Civil Procedure Rules

Updated: 22 October 2022; Ref: scu.457822

In re Wanser Ltd: 1891

A landlord of Scottish property began proceedings after a winding up order for sequestration of the company’s goods on the premises in order to answer for future rent.
Held: North J allowed the sequestration to continue, being satisfied that under Scottish law the landlord was a secured creditor at the date of commencement of the winding up, and therefore in the same position as a mortgagee Proceedings in insolvency begun without the stipulated leave should not be regarded as irretrievably null but rather as existing and capable of redemption by the late giving of leave.

Judges:

North J

Citations:

[1891] 1 Ch 305

Jurisdiction:

England and Wales

Cited by:

Cited – Park v Cho and Others ChD 24-Jan-2014
The parties disputed the chairmanship of a charity. The claimant succeeded, but a third party later intervened saying that permission had not first been obtained from the Charity Commission as required. The defendant now appealed against the lifting . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Scotland, Landlord and Tenant

Updated: 12 October 2022; Ref: scu.567273

Brent London Borough Council v Patel and Another: ChD 30 Nov 2000

An improvement grant made in respect of a house in multiple occupation, became repayable in whole, where the owner of the freehold took up residence in any part of the property. In applying for the grant the owner certified that part of the property would be available for active to someone not a family member. The certificates were confusing, but the words of the section did not allow the possibility of the landlord occupying any part of the house either himself or through a member of his own family.

Citations:

Gazette 15-Dec-2000, Times 30-Nov-2000

Statutes:

Local Government and Housing Act 1989 122, 106(7)

Jurisdiction:

England and Wales

Landlord and Tenant, Planning, Housing

Updated: 11 October 2022; Ref: scu.78573

Milmo v Carreras: CA 1946

Privity of estate between the assignee and the lessor creates liability in the lessor only in respect of covenants which run with the land.
What was plainly stated and understood by the parties to be an underlease operated as an assignment of the lease as a matter of law, because the duration of the purported underlease equalled or exceeded that of the lease. Whatever the form of the transaction, if a tenant purports to grant a sublease for a term equal to or larger than the term vested in the tenant, it necessarily results in an assignment because the tenant is left without a reversion.
Lord Greene MR said: ‘In accordance with a very old and established rule, where a lessee, by a document in the form of a sub-lease, divests himself of everything that he has got (which he must necessarily do if he is transferring to his so-called sub-lessee an estate as great as, or purporting to be greater than, his own) he from that moment is a stranger to the land, in the sense that the relationship of landlord and tenant, in respect of tenure, cannot any longer exist between him and the so called sub-lessee.’

Judges:

Lord Greene MR

Citations:

[1946] KB 306

Jurisdiction:

England and Wales

Cited by:

Cited – Berrisford v Mexfield Housing Co-Operative Ltd SC 9-Nov-2011
The tenant appealed against an order granting possession. The tenancy, being held of a mutual housing co-operative did not have security but was in a form restricting the landlord’s right to recover possession, and the tenant resisted saying that it . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 07 October 2022; Ref: scu.448475

Collins v Barrow: 1831

The defendant held property under a three-year lease with a covenant to keep the premises in tenantable repair. He abandoned it without notice after nine months. He now defended an action for the subsequent rent, saying that the house had become uninhabitable having no adequate drainage.
Held: The jury was asked whether the sewage could reasonably have been pumped away by the defendant without need of a sewer. Bayley B directed them that: ‘In any case, the tenant is bound to pay rent during the time for which he has contracted, unless he satisfies the jury that, under the circumstances, he was justified in quitting. I think however that in point of law he will be freed from his obligation to reside on the premises, if he makes out, to the satisfaction of the jury, that the premises were noxious and unwholesome to reside in, and that this state arose from no default or neglect of his own, but from something over which he had no control, or none, except at an extravagant and unreasonable expense. Thus, he could not be bound to make a sewer; and if nothing else could keep the house wholesome, I think he was justified in quitting. The expense of making a sewer may be heavy; but if the Plaintiff would not make it, he cannot, I think, call upon his tenant to continue in a house which requires it.’ The issue of fact, on which

Judges:

Bayley B

Citations:

(1831) 1 M and Rob 112

Jurisdiction:

England and Wales

Cited by:

Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Smith v Marrable, Knt ExP 14-Jan-1843
Premises were let furnished with the tenant paying a weekly rent of eight guineas. The tenant complained that the premises were unfit, being infested with bugs, and left. The landlord sued for his rent.
Held: As an exception to the general . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 04 October 2022; Ref: scu.258837

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 under statute, an incident of the ownership of the reversion.
The relationship of landlord and tenant is one of status, not contract, even though created by one.

Judges:

Lord Templeman

Citations:

Gazette 26-Jan-1994, Independent 03-Dec-1993, Times 03-Dec-1993, [1994] 1 AC 458, [1993] UKHL 11

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 Part II

Jurisdiction:

England and Wales

Citing:

Appeal from – 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 . .

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 – 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: 29 September 2022; Ref: scu.79518

The Prudential Assurance Company Ltd v Ayres and Grew: ChD 3 Apr 2007

The defendants argued that they were not liable as guarantors under an Authorised Guarantee Agreement for a lease when the assignee tenant had become insolvent.
Held: The guarantors were liable provided that the extent of the claim did not exceed their original liability.

Judges:

Lindsay J

Citations:

[2007] EWHC 775 (Ch)

Links:

Bailii

Statutes:

Landlord and Tenant (Covenants) Act 1995 1

Jurisdiction:

England and Wales

Citing:

Cited – Central London Property Trust Ltd v High Trees House Ltd KBD 18-Jul-1946
Promissory Estoppel Created
The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of pounds 2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time . .
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – Rennie v Westbury Homes (Holdings) Ltd ChD 7-Feb-2007
The parties had entered into an option agreement for development of land. The developer purported to exercise an option extendng the applicable period, but having accepted the funds, the land owner denied that it had been validly exercised.
Cited – Laemthong International Lines Company Ltd v Abdullah Mohammed Fahem and Co CA 5-May-2005
. .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 25 September 2022; Ref: scu.250708