Category: leases

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.

Scottish and Newcastle plc v Raguz – Times Law Reports

Posted November 3rd, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

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 – WLR Daily

Posted October 31st, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

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.

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

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

“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 Before Lord – Times Law Reports

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

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.