Category: landlord &amp; tenant

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Posted April 8th, 2010 in appeals, company law, landlord & tenant, law reports by sally

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

WLR Daily, 7th April 2010

Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Good Harvest Partnership LLP v Centaur Services Ltd – WLR Daily

Posted February 25th, 2010 in covenants, guarantees, landlord & tenant, law reports by sally

“The Landlord and Tenant (Covenants) Act 1995 precluded a person who had guaranteed a tenant’s obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease.”

WLR Daily, 24th February 2010

Patel and Another v Keles and Another

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Patel and Another v Keles and Another – Times Law Reports

Posted December 8th, 2009 in landlord & tenant, law reports by sally

Court of Appeal

“Where a landlord opposed an application for renewal of a business tenancy but it was shown that were he to regain the lease he was highly likely to sell, he did not have the requisite intention to occupy the premises for the purpose of carrying on his business.”

The Times, 8th December 2009

Patel and another v Keles and another [2009] EWCA Civ 1187; [2009] WLR (D) 339

Patel and another v Keles and another – WLR Daily

Posted November 24th, 2009 in landlord & tenant, law reports by sally

“Where a landlord opposed an application for renewal of a business tenancy by asserting an intention to occupy the premises for the proposes of his own business, but it was shown that he was highly likely to sell, the landlord did not have the requisite intention to defeat the application for renewal.”

WLR Daily, 23rd November 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Tenants to gain safeguards from landlords – The Times

Posted August 5th, 2009 in landlord & tenant, news, repossession by sally

“Tenants in properties let by financially unstable landlords could be given greater protection if their homes are repossessed under proposals published today.”

The Times, 5th August 2009

Tenant sues council over asbestos – BBC News

Posted July 9th, 2009 in asbestos, housing, landlord & tenant, news by sally

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

BBC News, 9th July 2009

Source: www.bbc.co.uk

Landlady wins case against rapist who sued her for clearing his flat – Daily Telegraph

Posted March 10th, 2009 in contracts, landlord & tenant, news by sally

“Melody Goymer, a landlady who was sued for £750 by a serial rapist for clearing her flat of his belongings after he was arrested, has won her appeal against the ruling.”

Morshead Mansions Ltd v Leon Di Marco

Daily Telegraph, 9th March 2009

Source: www.telegraph.co.uk

Morshead Mansions Ltd v Leon Di Marco – Times Law Reports

Posted February 25th, 2009 in landlord & tenant, law reports, leases, service charges by sally

Court of Appeal

“Where a tenant was a member of the landlord company, that company could recover an amount passed by resolution of the company under its articles to finance anticipated expenditure to maintain the building, even though such a claim was unenforceable under the Landlord and Tenant Act 1985 The Court of Appeal (Lord Justice Mummery, Lord Justice Wall and Lord Justice Toulson) so stated on December 10, 2008, allowing the appeal of Morshead Mansions Ltd from the decision of Mr Recorder Mitchell, QC, in Central London County Court, dated January 22, 2008, that a resolution of the company passed pursuant to its articles of association to establish a fund of £400,000 to be designated the 2007 Recovery Fund was not enforceable as a service charge within under section 18 of the 1985 Act.”

The Times, 25th February 2009

Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Morshead Mansions Ltd v Di Marco – WLR Daily

Posted December 16th, 2008 in landlord & tenant, law reports, leases, service charges by sally

“There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the members of a company landlord, in which all the tenants were shareholders, to the company under separate contracts made in and pursuant to the articles of association, to establish and recover contributions to a recovery fund.”

WLR Daily, 15th December 2008

Truro Diocesan Board of Finance Ltd v Foley

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Truro Diocesan Board of Finance Ltd v Foley – Times Law Reports

Posted December 1st, 2008 in landlord & tenant, law reports, leases by sally

Court of Appeal

“Whether an agreement by deed to grant a tenancy constituted a grant of the tenancy depended on the intention of the parties. An agreement would usually be construed as a lease if it contained present words of demise. ”

The Times, 1st December 2008

Wandsworth London Borough Council v Whibley

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Wandsworth London Borough Council v Whibley – Times Law Reports

Posted November 25th, 2008 in landlord & tenant, law reports, repossession, summary judgments by sally

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th November 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Rapist sues landlady from prison – BBC News

Posted September 9th, 2008 in contracts, landlord & tenant, news by sally

“A hairdresser has said she hopes to appeal after a convicted rapist sued her from jail when she cleared out the flat he rented above one of her salons.”

French v Barcham and Another

BBC News, 9th September 2008

Source: www.bbc.co.uk

Housing and Regeneration Act 2008

Posted July 24th, 2008 in housing, landlord & tenant, legislation, planning by sally

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

French v Barcham and Another – Times Law Reports

Posted July 24th, 2008 in bankruptcy, landlord & tenant, law reports by sally

Chancery Division

“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”

The Times, 24th July 2008

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd [2008] UKHL 44; [2008] WLR (D); [2008] WLR (D) 208

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd – WLR Daily

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under s 39 of the Leasehold Reform, Housing and Urban Development Act 1993.”

WLR Daily, 26th June 2008

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Howard de Walden Estates Ltd v Aggio and Others; Earl Cadogan and Another v 26 Cadogan Square Ltd Before Lord – Times Law Reports

Posted June 27th, 2008 in enfranchisement, landlord & tenant, law reports, leases by sally

House of Lords

“A head lessee of a block of flats could be a qualifying tenant of an individual flat in the block so as to be entitled to claim a lease extension for it under the Leasehold Reform, Housing and Urban Development Act 1993.”

The Times, 27th June 2008

Governors of the Peabody Trust v Reeve

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Governors of the Peabody Trust v Reeve – Times Law Reports

Posted June 9th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th June 2008

The Governors of the Peabody Trust v Reeve; [2008] WLR (D) 181

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Governors of the Peabody Trust v Reeve – WLR Daily

Posted June 6th, 2008 in landlord & tenant, law reports, unfair contract terms by sally

“The procedure in s 103 of the Housing Act 1985 could not be used by a registered social landlord to vary the terms of a tenancy agreement unilaterally. Excluding changes in rent, any variation would need the agreement in writing of both parties.”

WLR Daily, 5th June 2008