Tag: Landlord and Tenant

The Sloane Stanley Estate v Morgan and Another: UTLC 10 Oct 2011

UTLC LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – leases of less than 5 years unexpired – leasehold vacant possession values (relativity) – potential for provision of additional flat(s) on roof – hope value – deferment rate – terms of transfer – appeal allowed in part – enfranchisement price andpound;2,961,613

Citations:

[2011] UKUT 415 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445694

Assethold Ltd v 15 Yonge Park RTM Co Ltd: UTLC 27 Sep 2011

LANDLORD AND TENANT – right to manage – claim notice – validity – contents of claim notice – whether failure to provide correct address of RTM was an inaccuracy – held that it was not – whether particulars refers to subsections 80(4) and 80(8) or subsections 80(2) to 80(8) of the Commonhold and Leasehold Reform Act 2002 – sections 80 and 81 of the Commonhold and Leasehold Reform Act 2002

Citations:

[2011] UKUT 379 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445683

The Church Commissioners v Derdabi, Re The Quadrangle Tower: UTLC 27 Sep 2011

LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 s20C – order to disregard litigation costs as relevant costs for service charge – relevance of outcome of proceedings – ‘just and equitable’ criterion

Citations:

[2010] UKUT 380 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 22 September 2022; Ref: scu.445684

Rettke-Grover v Needleman and Another: UTLC 13 Jul 2011

LANDLORD AND TENANT – service charges – construction of lease – whether the costs of employing a chartered accountant to provide the relevant account of the service charges and the required certificate could be included within the service charges payable by the lessee

Citations:

[2010] UKUT 283 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445673

Mehra v City West Homes Ltd and Another: UTLC 8 Aug 2011

LANDLORD AND TENANT – service charges – apportionment of costs between tenants – method of apportionment – variation of leases – appeal dismissed – Landlord and Tenant Act 1985 s 27A, Landlord and Tenant Act 1987, s 35

Citations:

[2011] UKUT 311 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445679

Fluss v Queensbridge Terrace Residents Ltd: UTLC 17 Aug 2011

LEASEHOLD ENFRANCHISEMENT – collective enfranchisement – immediate landlord of qualifying tenants was freehold owner of the residential block but leasehold owner of the amenity land over which rights granted under the leases – freeholder of amenity land relying on section 1(4) Leasehold Reform

Citations:

[2011] UKUT 285 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445676

Redrow Homes (Midlands) Ltd v Hothi and Others: UTLC 7 Jul 2011

LANDLORD AND TENANT – service charges – construction of lease – whether term to be implied that the management company must calculate the relevant adjustment to the on account payments within a reasonable time – whether breach of such an implied term resulted in nothing being recoverable as service charges for the relevant year.

Citations:

[2011] UKUT 268 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445672

Tingdene Holiday Parks Ltd v Cox and Others: UTLC 8 Aug 2011

LANDLORD AND TENANT – service charges- whether statutory summary of tenants’ rights and obligations accompanied demands – whether service charge payable annually or quarterly – whether cost of installation of play equipment properly included in service charge – Landlord and Tenant Act 1985 s 21B

Citations:

[2011] UKUT 310 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445681

Greening v Castelnau Mansions Ltd: UTLC 17 Aug 2011

LANDLORD AND TENANT – service charges – legal fees – whether to be treated as part of landlord’s costs for purposes of service charge under terms of the lease – held they were not – appeal allowed

Citations:

[2011] UKUT 326 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445677

Southall Court (Residents) Ltd v Tiwari: UTLC 16 Jun 2011

UTLC LANDLORD AND TENANT – service charge – whether proposed replacement of roofing tiles reasonable – held no evidence to support LVT’s conclusion that it was not – whether existence of a sinking fund a relevant consideration in determining reasonableness – held that it was – appeal upheld – Landlord and Tenant Act 1985 S.19.

Citations:

[2011] UKUT 218 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445667

Amourgam v Valepark Properties Ltd: UTLC 4 Jul 2011

LANDLORD AND TENANT – services charges – Landlord and Tenant Act 1985 as amended section 21B – The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007 – whether a demand for service charges served after the commencement of section 21B must comply with that section where the items of expenditure in respect of which the demand is made were incurred before that commencement.

Citations:

[2011] UKUT 261 (LC)

Links:

Bailii

Statutes:

The Service Charges (Summary of Rights and Obligations, and Transitional Provision) (England) Regulations 2007

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445668

Akorita v Marina Heights (St. Leonards) Ltd: UTLC 29 Jun 2011

LANDLORD AND TENANT – service charges – Landlord and Tenant Act 1985 section 27A – construction of lease – whether obtaining of a Surveyor’s Certificate a condition precedent to liability to make on account payments or final payments of service charge – held it was a condition precedent – extent to which (quite apart from the condition precedent point) insurance premiums reasonable and recoverable through the service charge.

Citations:

[2011] UKUT 255 (LC)

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 27A

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 20 September 2022; Ref: scu.445661

Humber Oil Terminals Trustee Ltd v Associated British Ports: ChD 29 Jul 2011

Judges:

Vos J

Citations:

[2011] EWHC 2043 (Ch), [2011] L andTR 27, [2012] 1 P andCR DG1

Links:

Bailii

Statutes:

Landlord and Tenant Act 1954 30(1)(g)

Jurisdiction:

England and Wales

Citing:

See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 24-Feb-2011
The claimant sought to renew its leases of docking facilities from the landlord defendant. The defendant resisted saying it intended to operate its own business, and the claimant now alleged that the defendant was abusing its dominant position to . .
See Also – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 11-May-2011
. .
Issue Set – Humber Oil Terminals Trustee Ltd v Associated British Ports ChD 27-Jun-2011
Pre-trial review of pending trial. The court ordered the hearing of a preliminary issue being: ‘the issue of whether the Defendant intends to occupy the holdings for the purposes, or partly for the purposes, of a business to be carried on by it . .

Cited by:

Appeal from – Humber Oil Terminals Trustee Ltd v Associated British Ports CA 10-May-2012
The tenant appealed against a finding that the landlord was entitled to resist renewal of its lease under the 1954 Act challenging the stated intention of the landlord to occupy the premises for its own business purposes. It said that the proposed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 17 September 2022; Ref: scu.442447

Mew and Another v Tristmire Ltd: CA 28 Jul 2011

The claimants occupied houseboats constructed from second world war landing craft supported on non-floating platforms on land let to the respondents. They held under oral tenancies which had been terminated by the respondents before possession was sought. The appellants appealed against orders finding that they were not assured tenants within the 1988 Act on the basis that the barges were not dwelling-houses.

Judges:

Maurice Kay VP, Arden, Patten LJJ

Citations:

[2011] EWCA Civ 912

Links:

Bailii

Statutes:

Pier and Harbour Order (Bembridge Harbour) Confirmation Act 1963, Housing Act 1988 13

Jurisdiction:

England and Wales

Landlord and Tenant, Housing

Updated: 17 September 2022; Ref: scu.442255

The Co-Operative Bank Plc v Hayes Freehold Ltd and Others: ChD 20 Jul 2017

Judges:

Henry Carr J

Citations:

[2017] EWHC 1820 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Lehman Brothers International (Europe) v Exotix Partners Llp ChD 9-Sep-2019
The parties had contracted to trade global depository notes issued by the Peruvian government. Each made mistakes as to their true value, thinking them scraps worth a few thousand dollars, whereas their true value was over $8m. On the defendant . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Contract

Updated: 15 September 2022; Ref: scu.591240

240A Station Road – Barnet : London: LVT 15 Feb 2011

Service Charges

Citations:

[2011] EWLVT LON – LV – SVC – 00AC – 0

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – 240A Station Road – Barnet : London LVT 26-Jul-2011
Service Charges . .
See Also – 240A Station Road – Barnet : London LVT 23-Nov-2017
Service Charges . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 13 September 2022; Ref: scu.440913

Midland Freeholds Ltd, Re: 44 Lomas Drive: UTLC 5 May 2011

UTLC LEASEHOLD ENFRANCHISEMENT – maisonette – premium – deferment rate – whether LVT entitled to adjust deferment rate to reflect location in absence of any supporting evidence – held it was not – appeal allowed – deferment rate reduced from 6.0% to 5.75%.

Citations:

[2011] UKUT 173 (LC)

Links:

Bailii

Jurisdiction:

England and Wales

Landlord and Tenant

Updated: 13 September 2022; Ref: scu.440789

McDougalls Catering Foods Limited v BSE Trading Limited: CA 2 May 1997

The appellant had guaranteed the tenant’s obligations under an underlease. The tenant having become insolvent, the landlord sought to enforce the guarantee. The appellant said that the landlord had accepted a surrender of the underlease. The landlord had taken possession proceedings after the tenant had left and squatters had moved onto the land. The landlord also sought the cost of the possession proceedings.
Held: Where possession is unequivocally offered and retaken, it will, without more, be inequitable for the landlord to deny that the tenancy has ended, because he cannot at one and the same time have both possession and continuing rent under the tenancy. Aldous LJ said that the court’s task is to ascertain from all the facts whether the landlord’s conduct: ‘did in fact amount to an unequivocal acceptance of cessor of the tenancy such that it would be inequitable for the landlord to dispute that the tenancy ceased’.

Judges:

Aldous LJ

Citations:

[1997] EWCA Civ 1616, [1998] 2 EGLR 65

Jurisdiction:

England and Wales

Cited by:

Cited – Artworld Financial Corporation v Safaryan and Others CA 27-Feb-2009
The parties disputed whether the landlord had accepted the surrender of a lease. The tenant had handed in the keys. The landlord claimed rent for the subsequent period. The court had found surrender by operation of law, the landlord taking several . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Insolvency

Updated: 12 September 2022; Ref: scu.142012