Landlord and Tenant in UK Law
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Kammins Ballrooms Company Ltd v Zenith Investments (Torquay) Ltd
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This arises in a situation where a person is entitled to alternative rights inconsistent with one another. If he has knowledge of the facts which give rise in law to these alternative rights and acts in a manner which is consistent only with his having chosen to rely on one of them, the law holds him to his choice even though he was unaware that this would be the legal consequence of what he did.
The second type of waiver which debars a person from raising a particular defence to a claim against him, arises when he either agrees with the claimant not to raise that particular defence or so conducts himself as to be estopped from raising it. This is the type of waiver which constitutes the exception to a prohibition such as that imposed by section 29(3) of the Landlord and Tenant Act 1954 and other statutes of limitation. The ordinary principles of estoppel apply to it.
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Kay v Lambeth City Council; Leeds City Council v Price
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But if the requirements of the law have been established and the right to recover possession is unqualified, the only situations in which it would be open to the court to refrain from proceeding to summary judgment and making the possession order are these: (a) if a seriously arguable point is raised that the law which enables the court to make the possession order is incompatible with article 8, the county court in the exercise of its jurisdiction under the Human Rights Act 1998 should deal with the argument in one or other of two ways: (i) by giving effect to the law, so far as it is possible for it do so under section 3, in a way that is compatible with article 8, or (ii) by adjourning the proceedings to enable the compatibility issue to be dealt with in the High Court; (b) if the defendant wishes to challenge the decision of a public authority to recover possession as an improper exercise of its powers at common law on the ground that it was a decision that no reasonable person would consider justifiable, he should be permitted to do this provided again that the point is seriously arguable: Wandsworth London Borough Council v Winder [1985] AC 461.
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International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd
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(2) As a corollary to the first proposition, a landlord is not entitled to refuse his consent to an assignment on grounds which have nothing whatever to do with the relationship of landlord and tenant in regard to the subject matter of the lease. (See Houlder Bros. & Co. y. Gibbs (supra) a decision which (despite some criticism) is binding on this Court; Bickel v. Duke of Westminster (1977) Q.B. 517).
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Harrow London Borough Council v Qazi
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The court is merely the forum for the determination of the civil right in dispute between the parties: see Di Palma v United Kingdom (1986) 10 EHRR 149. But once it concludes that the landlord is entitled to an order for possession, there is nothing further to investigate.
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Farrell v Alexander
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But, unless the process of consolidation, which involves much labour and careful work, is to become nothing but a work of mechanical convenience, I think that this tendency should be firmly resisted; that self-contained statutes, whether consolidating previous law, or so doing with amendments, should be interpreted, if reasonably possible, without recourse to antecedents, and that the recourse should only be had when there is a real and substantial difficulty or ambiguity which classical methods of construction cannot resolve.
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Poplar Housing and Regeneration Community Association Ltd v Donoghue
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This is an area where, in our judgment, the courts must treat the decisions of Parliament as to what is in the public interest with particular deference. The correctness of this decision is more appropriate for Parliament than the courts and the HRA does not require the courts to disregard the decisions of Parliament in relation to situations of this sort when deciding whether there has been a breach of the convention.
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Low carbon buildings: a solution to landlord-tenant problems?
Purpose: – The purpose of this paper is to identify the factors present in successful energy efficiency investments that might indicate how to resolve the landlord-tenant dilemma in existing and ne...
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Landlord and Tenant Act 1954: time for a change?. Landlord and tenant update
Purpose: – This legal update examines recent decisions on the security of tenure given by Landlord and Tenant Act 1954 to business tenants, and asks whether it is time to revisit or remove a piece ...
- Change In The American1 Law Of Landlord And Tenant
- The Landlord And Tenant (Furniture And Fittings) Act, 1959
- Landlord & Tenant Update (What Have The Government Done Now')
- COVID 19: Managing Landlord-Tenant Relationships
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UK Commercial Property Code Promotes Collaborative Landlord-Tenant Relationships During COVID-19
On 19 June 2020, the UK Government published a Code of Practice for commercial property relationships during the COVID-19 pandemic. The Code of Practice, prepared in collaboration with leading busi...
- Commercial Landlord And Tenant Update - June 2021
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Application for an order under Section 20C of the Landlord and Tenant Act 1985
Forms relating to the Residential Property (First-tier Tribunal).
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Application for the dispensation of all or any of the consultation requirements provided for by Section 20 of the Landlord and Tenant Act 1985
Forms relating to the Residential Property (First-tier Tribunal).
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Applications for determination of price payable, provisions in the conveyance, apportionment of rent and determination of sub-tenant's share. Houses and premises - Leasehold enfranchisement (Missing landlord)
Forms relating to the Residential Property (First-tier Tribunal).
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Chapter CG72450
......In particular:. Landlord & Tenant (Licensed Premises) Act 1990 (England and Wales). Brewers’ ......