Judges get power to fast-track eviction of nasty neighbours – The Independent
“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”
The Independent, 11th January 2011
Source: www.independent.co.uk
Category: landlord & tenant
McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily
“Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist.”
WLR Daily, 22nd December 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Landlords free to ignore deposit protection deadlines – The Guardian
“Appeal court says a strict interpretation of Housing Act allows landlords to disregard deadlines for tenant deposit schemes.”
The Guardian, 15th November 2010
Source: www.guardian.co.uk
Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) – WLR Daily
“Where a landlord opposed the renewal of a tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954 on the ground that he intended to redevelop the land the date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection.”
WLR Daily, 19th August 2010
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.
Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily
Mexfield Housing Co-operative Ltd v Berrisford [2010] EWCA Civ 811; [2010] WLR (D) 192
“An occupancy agreement containing uncertain terms as to the period of occupation was not capable of creating an interest in land granting a lease of a property in favour of the occupier and was not enforceable in equity. The fact that a person took exclusive possession of the property and agreed to pay and paid rent monthly for the occupation, could create a monthly tenancy so as to bring the tenancy to an end by serving a notice to quit.”
WLR Daily, 19th July 2010
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.
Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd – WLR Daily
“A ‘building designed or adapted for living in’ was a ‘house … reasonably so called’ within s 2(1) of the Leasehold Reform Act 1967 if it was constructed as a house for single occupation and the result of the most recent works which altered the building, assessed objectively, was that the property had been adapted for living in, the emphasis being on the physical appearance and character of the property rather than the user.”
WLR Daily, 2nd July 2010
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.
Austin v Southwark London Borough Council – WLR Daily
Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156
“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”
WLR Daily, 24th June 2010
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 regulation proposals scrapped – The Guardian
“Landlords and letting agents will not be subject to greater regulation because this would introduce too much additional red tape, the government said today.”
The Guardian, 10th June 2010
Source: www.guardian.co.uk
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily
“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”
WLR Daily, 27th May 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily
“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”
WLR Daily, 27th May 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hughes v Borodex Ltd – WLR Daily
Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106
“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”
WLR Daily, 28th April 2010
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.
Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily
Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90
“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
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.
Good Harvest Partnership LLP v Centaur Services Ltd – WLR Daily
Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48
“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
Source: www.lawreports.co.uk
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
Patel and Another v Keles and Another
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
Source: www.timesonline.co.uk
Patel and another v Keles and another – WLR Daily
Patel and another v Keles and another [2009] EWCA Civ 1187; [2009] WLR (D) 339
“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
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.
Tenants to gain safeguards from landlords – The Times
“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
Source: www.timesonline.co.uk
Tenant sues council over asbestos – BBC News
“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
“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.”
Daily Telegraph, 9th March 2009
Source: www.telegraph.co.uk
Morshead Mansions Ltd v Leon Di Marco – Times Law Reports
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.
Morshead Mansions Ltd v Di Marco – WLR Daily
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.
