Category: landlord & tenant

Lay and others v. Drexler and others [2007] EWCA Civ 464

“Where a tenant had filed an acknowledgment of service indicating an intention to take a new lease in response to his landlord’s application to the court to grant a new lease under the amended provisions of s 24(1) of the Landlord and Tenant Act 1954, subsequent notice to the court that the tenant no longer wanted a new tenancy was similar to filing of a notice to discontinue a claim for a new lease justifying an order that the tenant should pay the costs of the entire proceedings to the landlord.”

WLR Daily, 18th May 2007

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.

Assured tenant became a tolerated trespasser

Knowsley Housing Trust v. White

Court of Appeal

“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”

The Times, 15th May 2007

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.

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404

“In the case of an assured tenancy, where the court granted an order for possession using County Court Form N28 but suspended execution on terms, the assured tenancy expired on the last date stated for possession and the occupant remained merely as a ‘tolerated trespasser’.”

WLR Daily, 2nd May 2007

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.

Fresh proceedings against tenant

London and Quadrant Housing Trust v. Ansell 

Court of Appeal

“A landlord could issue fresh proceedings against a secure tenant who had failed to pay arrears of rent on time under a previous possession order and had stayed in occupation, rather than seeking to revive that previous order.”

The Times, 25th April 2007

Source: www.timesonline.co.uk

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th April 2007

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.