Hammersmith and Fulham London Borough Council v Alexander-David
Court of Appeal
“A local housing authority which granted a tenancy to a minor who was homeless and in priority need held the premises in trust for the minor. For as long as the authority was the trustee, it could not lawfully serve a notice to quit on the minor.”
The Times, 13th April 2009
Source: www.timesonline.co.uk
Doleman v Shaw [2009] EWCA Civ 283; [2009] WLR (D) 115
“On a true construction of s 178(4) of the Insolvency Act 1986, on the disclaimer of a lease by a liquidator, although the company ceased to be bound by the tenant covenants so far as its own obligations were concerned, it was treated as still bound so far as third party obligations were concerned.”
WLR Daily, 1st April 2009
source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Landlord Protect Ltd v St Anselm Development Co Ltd; [2009] WLR (D) 72
“Where the landlord’s consent was required to an assignment of a lease, the landlord could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”
WLR Daily, 27th February 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Landlord Protect Ltd v St Anselm Development Co Ltd
Court of Appeal
“Where the head landlord’s consent was required to an assignment of a lease, he could not reasonably impose a condition which was designed to increase the rights he enjoyed under the headlease.”
The Times, 2nd March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Morshead Mansions Ltd v Leon Di Marco
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
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Companies which sign over the management of properties they rent without telling their landlord might be in breach of their leases after the High Court ruled in a landlord’s favour in a dispute.”
OUT-LAW.com, 2nd February 2009
Source: www.out-law.com
Clarence House Ltd v National Westminster Bank plc [2009] EWHC 77 (Ch); [2009] WLR (D) 22
“By entering into a ‘virtual assignment’ of leasehold office premises, under which all the economic benefits and burdens of the relevant lease, including any management responsibilities, were transferred to a third party, but without any actual assignment of the leasehold interest or any change in the actual occupancy of the premises in question, the tenant acted in breach of the standard form alienation covenants contained in the lease.”
WLR Daily, 26th January 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Portman Estate Nominees (One) Ltd and Another v Ackerman and Another
Court of Appeal
“Service of a notice by a tenant seeking to acquire a new lease of a flat had the effect of preserving the position pending determination of the claim and did not provide for continuation of only a part of the lease.”
The Times, 15th January 2009
Source: www.timesonline.co.uk
“The service of a notice by a tenant seeking to acquire a new lease of a flat only had the effect of preserving the position pending determination of the claim and did not provide for continuation of the lease of premises in which the flat was contained.”
WLR Daily, 18th December 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Earl Cadogan and Another v Sportelli and Another and Other Appeals
House of Lords
“Landlords and freeholders were generally not entitled to so-called ‘hope value’ as an element in the value of their interest in determining the price payable by the tenants for leasehold enfranchisement.”
The Times, 17th December 2008
Source: www.timesonline.co.uk
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 [2008] EWCA Civ 1371; [2008] WLR (D) 384
“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
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Earl Cadogan and another v Sportelli and another [2008] UKHL 71; [2008] WLR (D) 378
“In determining the price payable by tenants for leasehold enfranchisement, landlords and freeholders generally were not entitled to ‘hope value’ as an element in the value of their interests.”
WLR Daily, 10th December 2008
Source: www.lawreports.co.uk
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
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
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Scottish and Newcastle plc v Raguz
House of Lords
“Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them.”
The Times, 3rd November 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Scottish & Newcastle plc v Raguz [2008] UKHL 65; [2008] WLR (D) 335
“Landlords were not required to serve notices under s 17 of the Landlord and Tenant (Covenants) Act 1995 in respect of rent increases that would become retrospectively payable when rent reviews were completed. Such increases were ‘now due’ within the meaning of s 17.”
WLR Daily, 30th October 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“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
Source: www.lawreports.co.uk
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
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
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
© Inner Temple Library 2024