Landlord and Tenant in UK Law

Leading Cases
  • Cawthorne v Hamdan
    • Court of Appeal (Civil Division)
    • 24 Enero 2007

    Thus, the reference to the appropriate time does not extend to that moment the opportunity for the reversioner to serve a leaseback notice if he has not made proposals to that effect in the counternotice. Rather it imposes a condition subsequent on the entitlement of the reversioner to a leaseback if he has said he wants one in the counternotice, such that he cannot have it if immediately before the acquisition by the nominee purchaser the relevant flat does have a qualifying tenant.

  • Pennycook v Shaws (EAL) Ltd
    • Chancery Division
    • 28 Noviembre 2002

  • International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd
    • Court of Appeal (Civil Division)
    • 20 Noviembre 1985

    (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).

  • Kammins Ballrooms Company Ltd v Zenith Investments (Torquay) Ltd
    • House of Lords
    • 14 Julio 1970

    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.

  • Receiver for the Metropolitan Police District v Palacegate Properties Ltd
    • Court of Appeal (Civil Division)
    • 09 Febrero 2000

    I agree with Mr Lewison that the court hearing the joint application is neither empowered nor entitled to consider the fairness of the bargain, as such, which the parties propose to make. The words "that tenancy" in section 38(4)(a) require its terms to bear a substantial similarity to that before the court when authority was given. In particular, changes material to the need for protection may nullify the authority granted.

  • VCS Car Parl Management Ltd v Regional Railways North East Ltd
    • Court of Appeal (Civil Division)
    • 16 Noviembre 1999

    It is clear that at all times since 23rd August 1992 (the beginning of the relevant five-year period) either the British Railways Board or Regional Railways, which were members of the same group, was the landlord for the purposes of Part II of the 1954 Act, by virtue of owning either the freehold or some reversionary leasehold interest (as described by my Lord) in the car park.

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Books & Journal Articles
  • Low carbon buildings: a solution to landlord-tenant problems?
    • No. 32-4, July 2014
    • Journal of Property Investment & Finance
    • 415-423
    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...
  • Landlord and Tenant Act 1954: time for a change?. Landlord and tenant update
    • No. 33-1, February 2015
    • Journal of Property Investment & Finance
    • 107-112
    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 ...
  • The Landlord And Tenant (Temporary Provisions) Act, 1958
    • No. 22-1, January 1959
    • The Modern Law Review
    The Rent Act, 1957, gave to a tenant whose house was decontrolled by reason of its rateable value a breathing space of fifteen months which came to an end on October 6, 1958. That was the earliest ...
  • Landlord and tenant update – hard times, strict compliance
    • No. 31-1, February 2013
    • Journal of Property Investment & Finance
    • 101-105
    Purpose: Difficult economic and trading conditions make lease break options a point of significant legal tension between commercial landlords and tenants. For a tenant, the ability to break a lease...
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