Landlord and Tenant in UK Law

Leading Cases
  • 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.

  • Kay v Lambeth City Council; Leeds City Council v Price
    • House of Lords
    • 08 Marzo 2006

    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.

  • 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).

  • Harrow London Borough Council v Qazi
    • House of Lords
    • 31 Julio 2003

    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.

  • Kenny v Preen
    • Court of Appeal
    • 15 Octubre 1962

    I think the word "enjoy" used in this connection is a translation of the Latin word "fruor" and refers to the exercise and use of the right and having the full benefit of it, rather than to deriving pleasure from it.

  • Bickel v Duke of Westminster
    • Court of Appeal (Civil Division)
    • 08 Julio 1976

    But I do not think they do lay down any propositions of law, and for this reason:- The words of the contract are perfectly clear English words: "such licence shall not be unreasonably withheld". When those words come to be applied in any particular case, I do not think the Court can, or should, determine by strict rules the grounds on which a landlord may, or may not, reasonably refuse his consent. He is not limited by the contract to any particular grounds.

  • Poplar Housing and Regeneration Community Association Ltd v Donoghue
    • Court of Appeal (Civil Division)
    • 27 Abril 2001

    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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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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Law Firm Commentaries
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