Category: leases

Lovat v Hertsmere Borough Council – WLR Daily

Posted October 31st, 2011 in enfranchisement, law reports, leases by sally

Lovat v Hertsmere Borough Council [2011] EWCA Civ 1185; [2011] WLR (D) 306

“In the definition of ‘an excluded tenancy’ for the purposes of the additional right to enfranchisement applicable to tenancies not at a low rent under section 1AA of the Leasehold Reform Act 1967, the phrase ‘the house which the tenant occupies under the tenancy’ in section 1AA(3)(a) was to be construed as referring solely to the ‘house’ as defined in section 2(1) of the 1967 Act (that is, excluding any grounds); and the term ‘adjoining land’ in section 1AA(3)(b) meant neighbouring land that might, but did not necessarily, touch or physically adjoin the house.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others – WLR Daily

Posted August 1st, 2011 in assignment, covenants, law reports, leases by tracey

K/S Victoria Street v House of Fraser (Stores Management) Ltd and others [2011] EWCA Civ 904;  [2011] WLR (D)  265

“Any contractual arrangement contained in a tenancy (or a prior agreement ), which imposed an obligation on an existing or prospective guarantor of the tenant’s liabilities to guarantee the liabilities of a future assignee, would be void by reason of section 25(1) of the Landlord and Tenant (Covenants) Act 1995 because it frustrated the operation of section 24(2) of that Act, by which the original tenant’s guarantor was released from his obligation on the assignment of the tenancy. Similarly, a contractual arrangement contained in a later document, for instance, a renewal obligation imposed on a guarantor of an assignee’s liabilities in an assignment or a licence to assign, would be invalid.”

WLR Daily, 27th July 2011

Source: www.iclr.co.uk

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily

Posted January 4th, 2011 in enfranchisement, landlord & tenant, law reports, leases by sally

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345

“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.

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

Posted July 20th, 2010 in appeals, landlord & tenant, law reports, leases by sally

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

Posted July 5th, 2010 in appeals, landlord & tenant, law reports, leases by sally

Day and another v Hosebay Ltd; Howard de Walden Estates Ltd v Lexgorge Ltd [2010] EWCA Civ 748; [2010] WLR (D) 168

“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.

Calls for change to leasehold law – BBC News

Posted June 7th, 2010 in leases, news, tribunals by sally

“Lawyers want the rules surrounding leasehold homes to be clarified amid claims some freeholders are charging too much for extensions.”

Full story

BBC News, 5th June 2010

Source: www.bbc.co.uk

Doleman v Shaw – Times Law Reports

Posted April 22nd, 2009 in assignment, leases, news, winding up by sally

Doleman v Shaw

Court of Appeal

“When a liquidator disclaimed a lease, that did not determine any liability under the lease of the original lessee or of the guarantor in relation to leases or assignments of the leases executed after the Landlord and Tenant (Covenants) Act 1995 had come into force on January 1, 1996, although the liability of the insolvent assignee company had ceased after the disclaimer.”

The Times, 22nd April 2009

Source: www.timesonline.co.uk

Hammersmith and Fulham London Borough Council v Alexander-David – Times Law Reports

Posted April 14th, 2009 in children, housing, law reports, leases, trusts by sally

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 – WLR Daily

Posted April 3rd, 2009 in assignment, law reports, leases, winding up by sally

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 – WLR Daily

Posted March 2nd, 2009 in assignment, law reports, leases by sally

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 – Times Law Reports

Posted March 2nd, 2009 in assignment, law reports, leases by sally

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 – Times Law Reports

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

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.

Court ruling threatens ‘virtual assignments’ of property interests – OUT-LAW.com

Posted February 3rd, 2009 in assignment, leases, news by sally

“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.”

Full story

OUT-LAW.com, 2nd February 2009

Source: www.out-law.com

Clarence House Ltd v National Westminster Bank plc – WLR Daily

Posted January 27th, 2009 in assignment, covenants, law reports, leases by sally

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 – Times Law Reports

Posted January 15th, 2009 in enfranchisement, law reports, leases by sally

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

Portman Estate Nominees (One) Ltd and another v Ackerman and another – WLR Daily

Posted December 19th, 2008 in enfranchisement, law reports, leases by sally

Portman Estate Nominees (One) Ltd and another v Ackerman and another [2008] EWCA Civ 1428; [2008] WLR (D) 399

“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 – Times Law Reports

Posted December 17th, 2008 in enfranchisement, law reports, leases, valuation by sally

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 – WLR Daily

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

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 – WLR Daily

Posted December 11th, 2008 in enfranchisement, law reports, leases, valuation by sally

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 – Times Law Reports

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

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.