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This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:
Topics dealt with on this page include: Common parts - Southwark LBC v Long Compromise of earlier possession claim - not an abuse of process to bring disrepair claim - Henley v Bloom Condensation and damp - Lee v Leeds; Southwark LBC v McIntosh Installations -...
Small claims track or fast track costs Effect of protocol Birmingham City Council v Lee [2008] EWCA Civ 891 Summary This is an important case on costs. The tenant used the Pre-action Protocol for Housing Disrepair Cases. The works were done before litigation and the...
Defective Premises Act 1972 Section 4 of the 1972 Act: (1) Where premises are let under a tenancy which puts on the landlord an obligation to the tenant for the maintenance or repair of the premises, the landlord owes to all persons who might reasonably be expected to...
This page deals with the following matters: "Housing related conduct". The wording of the order. Without notice injunctions under the 1996 Act. Housing-related conduct Swindon v Redpath [2009] EWCA Civ 943 Summary This case considered the meaning of "housing-related...
This page deals with a number of matters that are relevant to claims for possession based upon anti-social behaviour: Adjourning the claim on an undertaking. Ground 14. The use of hearsay evidence in possession claims. Suspended or outright possession order - what...
Hearsay evidence Length of sentence Wear Valley District Council v Robson [2008] EWCA Civ 1470 Summary Hearsay evidence is admissible on an application for committal for breach of an anti-social behaviour injunction. Facts The local authority landlord sought and were...
Section 11 of 1985 Act Landlord-s obligation - structure - notice Edwards v Kumarasamy [2016] UKSC 40 Summary The Supreme Court held that a path leading from a car park to the entrance door of a front hall to a building was not part of the -structure and exterior of...
Getting the notice right Akici v LR Butlin Ltd [2005] EWCA Civ 1296 Introduction This case concerns the meaning of sharing possession in a tenants covenant in the context of a company, the validity of s146 notices, and remedying breaches against sharing possession....
Topics covered on this page: Exercise of commercial rent arrears recovery amounts to waiver. Once and for all breach - to do something within a particular time. Acceptance of cheque to secure dismissal of bankruptcy proceedings. CRAR Waiver of right to forfeit by...
Costs Negotiated settlement Agricullo Limited v Yorkshire Housing Limited [2010] EWCA Civ 229 Summary A covenant relating to the recoverability of costs following service of a s146 notice did not entitle a landlord to recover his costs where the dispute was resolved...
English 