Old breaches did not support possession order
The mobile home tenant was said to have paraded on the caravan park in combat style clothing, and disguising his face, causing fear among the other tenants. He now appealed against confirmation of the order for possession. He said that there had been an interval of almost three years between the notice of his breach and a further action.
Held: The answer to the question of whether the breach was capable of remedy was to be found by a practical inquiry whether and if so how (to adapt the words of Staughton LJ in the Savva case) the mischief resulting from Mr Telchadder’s breach could be redressed. His actual behaviour was not of sufficient gravity to support the order for possession. The landlords were not able to rely upon what was by then a three year old notice.
Lady Hale, Lord Wilson, Lord Reed, Lord Carnwath, Lord Toulson
[2014] UKSC 57, [2014] 1 WLR 4004, [2014] WLR(D) 469, UKSC 2013/0054, [2015] 1 All ER 855, [2015] HLR 4
Bailii, Bailii Summary, WLRD, SC, SC Summary
Mobile Homes Act 1983
England and Wales
Citing:
At CA – Telchadder v Wickland (Holdings) Ltd CA 16-May-2012
The court was asked as to the scope of the security of tenure conferred on occupiers of mobile homes owned by them and stationed under licence on pitches in protected residential sites. The tenant was accused of anti-social behavuour in have paraded . .
Cited – Rugby School (Governors) v Tannahill CA 1935
The tenant had been convicted of permitting the premises in Great Ormond Street to be used for habitual prostitution. The landlord served a notice under section 146 which did not provide for the possibility of the breach being remedied. The evidence . .
Cited – Hoffman v Fineberg 1949
The court rejected an argument in the context of an application for the forfeiture of a lease, that a painting in the sixth year of a lease could not remedy a failure to repaint in the fifth year. . .
Cited – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Cited – Expert Clothing Service and Sales Ltd v Hillgate House Ltd and Another CA 2-Apr-1985
The defendant tenant appealed from refusal of relief from forfeiture. At the trial it was conceded that there had been breaches of covenant by the defendant company consisting of the failure to reconstruct the premises by a stated date, and to give . .
Cited – Savva and Another v Houssein CA 24-Apr-1996
The tenant had broken a negative covenant against making alterations, namely not to change the exterior sign and not to alter the premises without consent. The landlord sought to forfeit the lease.
Held: The breach of the covenant was . .
Cited – Akici v LR Butlin Ltd CA 2-Nov-2005
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .
Cited by:
Cited – Britaniacrest Ltd v Bamborough and Another UTLC 18-Apr-2016
UTLC PARK HOMES – PITCH FEE REVIEW – administration charges in connection with provision of gas and electricity – park owner’s decision not to recover by separate contractual charge – whether pitch fee may be . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Housing
Leading Case
Updated: 09 November 2021; Ref: scu.538297