Archive for the 'landlord & tenant' Category

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd – WLR Daily

41–60 Albert Palace Mansions (Freehold) Ltd v Craftrule Ltd [2011] EWCA Civ 185; [2011] WLR (D) 62

“The meaning of the words ‘a self-contained … part of a building’ in section 3 of the Leasehold Reform, Housing and Urban Development Act 1993 was clear and there was nothing in the section to suggest that the right to enfranchisement attached only to the smallest possible self-contained part of a building.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Daejan Investments Ltd v Benson and Others – WLR Daily

Daejan Investments Ltd v Benson and Others [2011] EWCA Civ 38; [2011] WLR (D) 24

“The proper exercise of the discretion in section 20ZA of the Landlord and Tenant Act 1985 (as inserted) to dispense with the requirement of consultation laid down in the Service Charges (Consultation Requirements) (England) Regulations 2003 did not depend on financial consequences for the landlord or tenant of granting or refusing such a dispensation.”

WLR Daily, 31st January 2011

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.

Judges get power to fast-track eviction of nasty neighbours – The Independent

“Judges are to be given new powers to fast-track the eviction of tenants who harass their neighbours.”

Full story

The Independent, 11th January 2011

Source: www.independent.co.uk

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

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.

Landlords free to ignore deposit protection deadlines – The Guardian

“Appeal court says a strict interpretation of Housing Act allows landlords to disregard deadlines for tenant deposit schemes.”

Full story

The Guardian, 15th November 2010

Source: www.guardian.co.uk

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) – WLR Daily

Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd (in administration) [2010] EWHC 2094 (Ch); [2010] WLR (D) 231

“Where a landlord opposed the renewal of a tenancy under section 30(1)(f) of the Landlord and Tenant Act 1954 on the ground that he intended to redevelop the land the date of the hearing at which the necessary intention had to be shown to exist was always the date of the substantive trial of the landlord’s ground of objection.”

WLR Daily, 19th August 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.

Mexfield Housing Co-operative Ltd v Berrisford – WLR Daily

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

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.

Austin v Southwark London Borough Council – WLR Daily

Austin v Southwark London Borough Council [2010] UKSC 28; [2010] WLR (D) 156

“The right of a ‘tolerated trespasser’, a person continuing to occupy his rented home following a breach of the terms of a conditional suspended possession order, to apply to the court for postponement of the date for possession to enable him to remedy the default and revive the secure tenancy, under s 85(2) of the Housing Act 1985, survived his death and could, consequently, be exercised by his personal representative.”

WLR Daily, 24th June 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.

Landlord regulation proposals scrapped – The Guardian

“Landlords and letting agents will not be subject to greater regulation because this would introduce too much additional red tape, the government said today.”

Full story

The Guardian, 10th June 2010

Source: www.guardian.co.uk

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch); [2010] WLR (D) 138

“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”

WLR Daily, 27th May 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.

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily

Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch); [2010] WLR (D) 138

“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”

WLR Daily, 27th May 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.

Hughes v Borodex Ltd – WLR Daily

Hughes v Borodex Ltd [2010] EWCA Civ 425; [2010] WLR (D) 106

“A tenant who had made extensive improvements at her own expense to the flat which she held on a long residential tenancy was not entitled to have those improvements disregarded by a Rent Assessment Committee fixing the rent of the new assured periodic tenancy of the same premises. On the proper interpretation of Sch 10 to the Local Government and Housing Act 1989, the improvements fell to be taken into account even though the effect was that the new rent as assessed exceeded the statutory maximum for protection as an assured tenant, the tenant lost her protection and the landlord became entitled to serve a notice to quit.”

WLR Daily, 28th April 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.

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd – WLR Daily

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd [2010] EWCA Civ 314; [2010] WLR (D) 90

“Where, before the coming into force of the Companies Act 2006, a corporate tenant served notice, pursuant to s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, seeking to exercise a statutory right to acquire the applicable freehold, it was required, for the notice to be valid, to affix its corporate seal, or to supply the signature of two directors or a director and the company secretary.”

WLR Daily, 7th April 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.

Good Harvest Partnership LLP v Centaur Services Ltd – WLR Daily

Good Harvest Partnership LLP v Centaur Services Ltd [2010] EWHC 330 (Ch); [2010] WLR (D) 48

“The Landlord and Tenant (Covenants) Act 1995 precluded a person who had guaranteed a tenant’s obligations under a lease from being required to give a further guarantee in respect of an assignee of the lease.”

WLR Daily, 24th February 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.

Patel and Another v Keles and Another – Times Law Reports

Patel and Another v Keles and Another

Court of Appeal

“Where a landlord opposed an application for renewal of a business tenancy but it was shown that were he to regain the lease he was highly likely to sell, he did not have the requisite intention to occupy the premises for the purpose of carrying on his business.”

The Times, 8th December 2009

Source: www.timesonline.co.uk

Patel and another v Keles and another – WLR Daily

Patel and another v Keles and another [2009] EWCA Civ 1187; [2009] WLR (D) 339

“Where a landlord opposed an application for renewal of a business tenancy by asserting an intention to occupy the premises for the proposes of his own business, but it was shown that he was highly likely to sell, the landlord did not have the requisite intention to defeat the application for renewal.”

WLR Daily, 23rd November 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.

Tenants to gain safeguards from landlords – The Times

“Tenants in properties let by financially unstable landlords could be given greater protection if their homes are repossessed under proposals published today.”

Full story

The Times, 5th August 2009

Source: www.timesonline.co.uk

Tenant sues council over asbestos – BBC News

“A council tenant is planning to sue her local authority following the discovery of asbestos in her south London home.”

Full story

BBC News, 9th July 2009

Source: www.bbc.co.uk

Landlady wins case against rapist who sued her for clearing his flat – Daily Telegraph

“Melody Goymer, a landlady who was sued for £750 by a serial rapist for clearing her flat of his belongings after he was arrested, has won her appeal against the ruling.”

Full story

Daily Telegraph, 9th March 2009

Source: www.telegraph.co.uk

Morshead Mansions Ltd v Leon Di Marco – Times Law Reports

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.

Morshead Mansions Ltd v Di Marco – WLR Daily

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.

Truro Diocesan Board of Finance Ltd v Foley – Times Law Reports

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.

Wandsworth London Borough Council v Whibley – Times Law Reports

Wandsworth London Borough Council v Whibley

Court of Appeal

“While it was possible to have a summary disposal of applications to fix a date in a landlord’s possession action, an unsupported assertion that the tenant had to answer did not suffice to procure a hearing, and nor would a bare denial amount to an answer.”

The Times, 25th 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.

Rapist sues landlady from prison – BBC News

“A hairdresser has said she hopes to appeal after a convicted rapist sued her from jail when she cleared out the flat he rented above one of her salons.”

Full story

BBC News, 9th September 2008

Source: www.bbc.co.uk

Housing and Regeneration Act 2008

Housing and Regeneration Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

French v Barcham and Another – Times Law Reports

French v Barcham and Another

Chancery Division

“A beneficial tenant in common who continued in occupation of a property following the bankruptcy of the other beneficial tenant in common could be required to compensate the bankrupt’s estate for that continued occupation.”

The Times, 24th July 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.

Howard de Walden Estates Ltd v Aggio and others; Earl Cadogan and another v 26 Cadogan Square Ltd – WLR Daily

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

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.

Governors of the Peabody Trust v Reeve – Times Law Reports

Governors of the Peabody Trust v Reeve

Chancery Division

“A social landlord could not vary its tenancy agreement unilaterally; excluding changes in rent, any variation would need the agreement in writing of both parties.”

The Times, 9th 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.

The Governors of the Peabody Trust v Reeve – WLR Daily

The Governors of the Peabody Trust v Reeve; [2008] WLR (D) 181

The procedure in s 103 of the Housing Act 1985 could not be used by a registered social landlord to vary the terms of a tenancy agreement unilaterally. Excluding changes in rent, any variation would need the agreement in writing of both parties.”

WLR Daily, 5th 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.

Majorstake Ltd v Curtis – Times Law Reports

Majorstake Ltd v Curtis

House of Lords

“‘Premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises.”

The Times, 12th February 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.

Majorstake Ltd v Curtis – WLR Daily

Majorstake Ltd v Curtis [2008] UKHL 10; [2008] WLR (D) 32

“For the purposes of s 47(2) of the Leasehold Reform, Housing and Urban Development Act 1993 ‘the premises’ in which a flat was contained was an objectively recognisable space which a visitor would regard as the premises. The combination of the tenant’s flat and the flat immediately below it in a block of 50 flats on nine floors did not comprise “the premises” in which the tenant’s flat was contained. The landlord’s proposal to redevelop the two flats into a single unit could not therefore defeat the tenant’s right to acquire a new lease.”

WLR Daily, 6th February 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.

Boss Holdings Ltd v Grosvenor West End Properties and Another – Times Law Reports

Boss Holdings Ltd v Grosvenor West End Properties and Another

House of Lords

“A property was a house, which a leaseholder was entitled to acquire, if it had been designed for living in when it was first built and the structure remained substantially the same, even if it had subsequently become internally dilapidated and incapable of beneficial occupation.”

The Times, 4th February 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.

Boss Holdings Ltd v Grosvenor West End Properties and another – WLR Daily

Boss Holdings Ltd v Grosvenor West End Properties and another [2007] UKHL 5; [2008] WLR (D) 16

“A property which had been ‘designed … for living in’ when it was originally built, and which remained substantially so designed, was a ‘house’ within the meaning of s 2(1) of the Leasehold Reform Act 1967 regardless of whether it had subsequently become internally dilapidated and incapable of immediate residential occupation.”

WLR Daily, 30th January 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.

Lambeth London Borough Council v Onayomake – Times Law Reports

Disproportionate exercise of judicial power

Lambeth London Borough Council v Onayomake

Court of Appeal

“Where a counterclaim had been made on substantial grounds in a possession action, it was a disproportionate exercise of judicial power to strike out a defence and counterclaim when the defendant’s legal representative had failed to file a check list on time.”

The Times, 2nd November 2007

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

Southwark London Borough Council v Onayomake – WLR Daily

Southwark London Borough Council v Onayomake

“It was a disproportionate exercise of power to strike out a defence and counterclaim based on substantial grounds in a possession action merely because the defendant’s legal representative had failed to file a check list and had been late for the court management hearing to explain the failure.”

WLR Daily, 22nd October 2007

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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Landlord discriminated against disabled tenant

Lewisham London Borough Council v Malcolm

Court of Appeal

“A landlord who served a notice to quit on a secure tenant who had unlawfully sublet his premises and who was a disabled person unlawfully discriminated against the tenant.”

The Times, 28th August 2007

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.

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. – WLR Daily

Poets Chase Freehold Co. Ltd. v. Sinclair Gardens Investments (Kensington) Ltd. [2007] EWHC 1776 (Ch) 

“A notice that was purportedly given under s 13 of the Leasehold Reform, Housing and Urban Development Act 1993, but was subsequently accepted by the qualifying tenants to have failed to comply with the requirements of s 13(3), was an invalid notice that did not have statutory consequences and there was nothing in Chapter 1 of Part 1 of the Act to bar the tenants from serving without delay a valid s 13 notice.”

WLR Daily, 26th July 2007

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.

Contour Homes Ltd v Rowen – Times Law Reports

Agreement contained a rent review clause

Contour Homes Ltd v.  Rowen

Court of Appeal

“Where an assured tenancy agreement contained a clause providing the machinery for the increase of the rent, the landlord was not required to comply with the rent review procedure set out by section 13 of the Housing Act 1988.”

The Times, 13th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online 21 days from the date of publication

Polarpark Enterprises Inc v. Allason – Times Law Reports

Obligation gives tenant protection

Polarpark Enterprises Inc v. Allason

Chancery Division

“A licensee who occupied a property under a trust deed, which contained an obligation to repair and insure the property, had a protected licence.”

The Times, 26th June 2007

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.

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. – WLR Daily

Howard de Walden Estates Ltd. v. Aggio and others; Earl Cadogan and another v. 26 Cadogan Square Ltd. [2007] EWCA Civ 499 

“It was not within the contemplation of the Leasehold Reform, Housing and Urban Development Act 1993 that the leaseholder of a long lease of a building, which included multiple flats and common parts, came within the expression “a qualifying tenant of a flat” in s 56(1) so as to be able to exercise a statutory right to acquire a new long lease of a flat in the leased building, and the landlord of such a leaseholder was not bound to grant a new long lease.

WLR Daily, 24th May 2007

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.

Lay and others v. Drexler and others – WLR Daily

Lay and others v. Drexler and others [2007] EWCA Civ 464

“Where a tenant had filed an acknowledgment of service indicating an intention to take a new lease in response to his landlord’s application to the court to grant a new lease under the amended provisions of s 24(1) of the Landlord and Tenant Act 1954, subsequent notice to the court that the tenant no longer wanted a new tenancy was similar to filing of a notice to discontinue a claim for a new lease justifying an order that the tenant should pay the costs of the entire proceedings to the landlord.”

WLR Daily, 18th May 2007

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.

Knowsley Housing Trust v. White – Times Law Reports

Assured tenant became a tolerated trespasser

Knowsley Housing Trust v. White

Court of Appeal

“Where, in the case of an assured tenancy governed by the Housing Act 1988, the court granted an order for possession using County Court Form N28 but suspended execution on terms, the tenancy expired on the last date stated for possession, and the occupant remained thereafter as a tolerated trespasser.”

The Times, 15th May 2007

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.

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) – WLR Daily

Knowsley Housing Trust v. White (Secretary of State for Communities and Local Government intervening) [2007] EWCA Civ 404

“In the case of an assured tenancy, where the court granted an order for possession using County Court Form N28 but suspended execution on terms, the assured tenancy expired on the last date stated for possession and the occupant remained merely as a ‘tolerated trespasser’.”

WLR Daily, 2nd May 2007

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.

A new lease of life – Law Society’s Gazette

“Major changes are afoot in Landlord and Tenant work – whether it is residential or commercial, writes Grania Langdon-Down.” 

Full story

Law Society’s Gazette, 26th April 2007

Source: www.lawgazette.co.uk

London and Quadrant Housing Trust v. Ansell – Times Law Reports

Fresh proceedings against tenant

London and Quadrant Housing Trust v. Ansell 

Court of Appeal

“A landlord could issue fresh proceedings against a secure tenant who had failed to pay arrears of rent on time under a previous possession order and had stayed in occupation, rather than seeking to revive that previous order.”

The Times, 25th April 2007

Source: www.timesonline.co.uk

New tenancy law a ‘nightmare’ – Financial Times

“Thousands of landlords are failing to comply with new legislation aimed at safeguarding tenants’ deposits while residential lettings agents have branded the new rules a ‘logistical nightmare’.”

Full story

Financial Times, 20th April 2007

Source: www.ft.com

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd. – Times Law Reports

Tenants can serve notice on freeholder

Kensington Heights Commercial Co. Ltd. v. Campden Hill Developments Ltd.

Court of Appeal

“Where a landlord entered into a contract to surrender a headlease without serving a notice on the qualifying tenants, they were entitled to serve a notice on the freeholder requiring him to grant a new lease to their nominee on the same terms as the surrendered lease.”

The Times, 20th April 2007

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.


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