Landlord and Tenant (General)
Break Clauses
These page contains material dealing with break clauses. See the contents on the left. Points covered include Acknowledgement of notice required. Defects in notices. Effect…
Consents
These pages contain details relating to the position where a tenant is seeking the landlord's consent to assign, sublet, or carry out alterations etc. Click…
Dilapidations
The pages in this section deal with various matters relating to dilapidation claims - see the contents section on the left.
Forfeiture
These pages contains material on various matters relating to forfeiture. See the contents column on the left. Possession claims generally are dealt with in the…
Rent Review
These pages contains material dealing with a number of matters relating to rent review clauses: Construction of rent review clauses Presumption of reality Time of…
Residential Tenancies
This section of the site contains material on landlord and tenant law that is specific to residential occupation of premises (including boats and mobile homes).…
Also in Landlord and Tenant (General)
Rent Repayment Orders
This case provides a reminder of how difficult it is for landlords to defend an application for a rent repayment order in situations where there has…
Dispute Expert's Top Three Tips for Landlords and Tenants in 2026
Winter is often an incredibly busy period regarding landlord-tenant disputes. With the new year on the horizon, changes to Renters Rights may catch…
Upper Tribunal Explores Reasonableness and Rationality in Residential Lease Service Charges
Ian Quayle considers the case of Bradley & Anor v Abacus Land 4 Ltd [2024] which concerned an examination by the Upper Tribunal of reasonableness in…
Landlord and Tenant Act 1954, Part II
Sarah Thompson-Copsey analyses the case of The Royal Borough of Kensington & Chelsea v Mellcraft Ltd [2024], particularly examining its implications…
Landlord’s Consent to Alterations
Sarah Thompson-Copsey explores the ramifications of the legal proceedings in Jacobs v Chalcot Crescent (Management) Company Limited [2024] EWHC 259…
Landlord and Tenant, Validity of Notices
Article contributed by Richard Granby, Tanfield Chambers Case name, reference and Bailii link: Mooney v Whiteland [2023] EWCA Civ 67…
Free Acceptance – Still a Basis for Unjust Enrichment?
Article contributed by Alexander Burrell, Tanfield Chambers Case name, reference and Bailii link: Mate v Mate & Ors [2023] EWHC 238 (Ch) Mate v Mate &…
Commercial Rent (Coronavirus) Act
Article contributed by Katie Gray (1) Stratford City Shopping Centre (No.2) Nominee A Limited; (2) Stratford City Shopping Centre (No.2) Nominee B…
Landlord and Tenant; Address for Service
Article contributed by Diane Doliveux Obi-Ezekpazu v Avon Ground Rents Ltd [2022] UKUT 121 (LC) Summary A landlord’s knowledge of a tenant’s address…
Coldunell Ltd v Hotel Management International Ltd
Article contributed by Sarah Thompson-Copsey Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 1290 (TCC) Summary This terminal…
Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd
Article contributed by Sarah Thompson- Copsey Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse…
Landlord and tenant; Notices to quit
Article contributed by James Castle Procter v Procter et al [2022] EWHC 1202 (Ch) Summary It is settled law that a valid notice to quit can be given…
Llangewydd Court Ground Rent Estate v Ralph [2021] UKUT 251 (LC)
http://www.bailii.org/uk/cases/UKUT/LC/2021/251.html Summary The Upper Tribunal refused an appeal against the application of the “deferment rate” but…
Ground Rents
Ground Rents Contributed by Robert Kelly, Commercial Business Development Manager, Stewart Title Ltd Not the End…But the Beginning of the End for…
Residential Leases- Vectis Property Company Ltd v Cambrai Court Management Company Ltd [2022] UTUK 42 (LC) - Katie Grey, Richard Alford, Edward Blakeney and Robyn Cunningham
Landlord and Tenant: Residential Leases The editors of this section are members of Tanfield Chambers; Katie Grey, Richard Alford, Edward Blakeney and…
Residential Leaseholds - The big picture
Residential leaseholds: The Big Picture Contributed by Ian Quayle, CEO, IQ Legal Training Changes to CQS The changes to CQS which came into force on…
Commercial Rent (Coronavirus) Act 2022
The editor of this section is Sarah Thompson-Copsey, solicitor and freelance property law trainer ( sarah@thompsoncopsey.com ) Commercial Rent…
Consents
Gabb v Farrokhzad [2022] EWHC 212 (Ch) https://www.bailii.org/ew/cases/EWHC/Ch/2022/212.html Summary The court granted a declaration that the landlord…
Legal Costs and Service Charges
The editors of this section are members of Tanfield Chambers namely: Katie Gray ( katiegray@tanfieldchambers.co.uk ) Richard Alford…
Turnover Leases
Given the difficult economic circumstances, incentives for tenants are being offered and there has been a resurgence in interest in turnover leases…
Frustration of lease
Supervening illegality and common purpose Brexit Canary Wharf (BP4) T1 Limited v European Medicines Agency [2019] EWHC 335 (Ch) Summary The High Court…
Mutual enforceability of covenants
Mutual enforcement clause Implied term that landlord will enforce the clause Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 Summary The existence…
Subletting, sharing possession or occupation
This page deals with five issues Short term holiday lets - AirBnB - Booking.com - breach of the lease? Short term subletting by sub-tenant - liability…
Nuisance
Breach of covenant not to suffer a nuisance Courtney Lodge Management Ltd v Blake [2004] EWCA Civ 975. Covenant that the Lessee .. will not do or…
Surrender by operation of law
This page contains the reports of two cases. The first deals with the situation where the tenant abandons the premises and the landlord simply does…
Construction of lease terms
Dictionary definitions Joint London Holdings Ltd v Mount Cook Land Ltd [2005] EWCA Civ 1171. In this case the CA had to determine the meaning of the…
Lease or licence?
This page deals with the distinction between leases and licences in the commercial context; and the termination of licences. The two principal…
L & T (Covenants) Act 1995
This page contains information on Assignment of the reversion - s8 Contracting out - s25 - the Avonridge case. Guarantor's liability void under the…
Insolvency
The following matters are dealt with on this page: Administration - can a landlord commence proceedings against the tenant? Assignment by…
Uncertain term
Treated as tenancy for 90 years Housing co-operative with uncertain term Berrisford v Mexfield Housing Co-operative [2011] UKSC 52 Summary T was a…
Break clauses
These page contains material dealing with break clauses. See the contents on the left. Points covered include Acknowledgement of notice required…
Tenancy at will
Periodic tenancy inferred Walji v Mount Cook Land Ltd [2002] 1 P&CR 13, CA. Where a person is in occupation pursuant to negotiations for a lease he is…
Assignment
This page deals with: The exercise of rights after assignment. The importance of registering the assignment where it is required by 2002 Act. Virtual…
Chattels and fixtures
Beach huts Chattels or fixtures - lease or licence Gilpin v Legg [2017] EWHC 3220 Summary The owners of beach huts were annual periodic tenants and…
Rent
For appropriation of rent (ie whether the tenant or landlord has the right to appropriate rent to a particular period) see Thomas v Ken Thomas Ltd…
Unlawful eviction
Damages Double recovery Jaura v Ahmed [2002] EWCA Civ 210. A businessman was awarded damages for unlawful eviction based upon loss of profit from…
Merger
No intention to merge Equity prevails BOH Ltd v Eastern Power Networks plc (formerly EDF) [2011] EWCA Civ 19 Summary Where a tenancy and the reversion…
Penalty clauses
Side letter to lease Termination right a penalty Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch) Summary The termination…
Dilapidations
The pages in this section deal with various matters relating to dilapidation claims - see the contents section on the left. See also: Housing…
Disclaimer
This page deals with two issues; The position of a guarantor under an AGA where there is a disclaimer; The obligation of a guarantor to take a new…
Forfeiture
These pages contains material on various matters relating to forfeiture. See the contents column on the left. Possession claims generally are dealt…
Goods left on the premises
Question Scotland v Solomon [2002] EWHC 1886, ChD, D Kitchin QC sitting as a Deputy. (Solicitors Journal, 4 October 2002, LawBrief). What does a…
Service charges and insurance (general)
This page deals with the following points in relation to service charges and insurance The ability to charge a management fee where there is no…
Restraint of trade
Shopping centre Covenant preventing lettings to competitors with "anchor tenant" - Supreme Court Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd…
Notices - service
See also cases on statutory notices in the enfranchisement section of the site . See also Break clauses . Death of the tenant Service on the public…
Rent review
These pages contains material dealing with a number of matters relating to rent review clauses: Construction of rent review clauses Presumption of…
Set-off
This page contains material dealing with The right (or otherwise) of a tenant to set-off a valid claim against his landlord against the new landlord…
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