The tenant appealed against a decision that provision for parking should not be included in the new tenancy granted to him under the Act. The original lease had been intended to be varied to move the tenant to allow some rebuilding, and new parking spaces had been allocated. The move was made, but the lease not completed. The tenant appealed a finding that after a dispute with the local authority, the spaces had been occupied under a bare licence, and were therefore excluded from the holding.
Held: The tenant’s agreement to the arrangement with the bare licence only had been accompanied by a reduction in the rent. On a renewal, the court was not able to grant a tenancy with a greater extent than had previously been granted. The appeal failed.
Judges:
Jack J
Citations:
[2008] EWHC 45 (QB)
Links:
Statutes:
Landlord and Tenant Act 1954 Part II
Jurisdiction:
England and Wales
Citing:
Cited – J Murphy and Sons Ltd v Railtrack Plc CA 29-Apr-2002
A lease was granted of land, but the landlord had no land over which it could grant any rights to access the land. The rent came to be reviewed. The tenant had independently obtained access rights. The landlord wanted the lack of access rights to be . .
Cited – Crabb v Arun District Council CA 23-Jul-1975
The plaintiff was led to believe that he would acquire a right of access to his land. In reliance on that belief he sold off part of his land, leaving the remainder landlocked.
Held: His claim to have raised an equity was upheld. The plaintiff . .
Applied – G Orlik (Meat Products) Ltd v Hastings and Thanet Building Society 1974
The tenant requested a new lease and the renewal of personal rights attached to the first lease.
Held: The court could not countenance renewal of purely personal rights under the 1954 Act. It was said that: ‘The object of Part II of the Act is . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 09 July 2022; Ref: scu.263887