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Landlord and Tenant (General)

 

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:

Proceeds of crime

Receiver not entitled to possession against protected tenants B v N [2009] EWHC 2884 (Admin) Summary A receiver appointed under the Criminal Justice Act 1988 could only obtain possession against assured shorthold tenants by following the procedure set down by the...

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Unlawful eviction

Damages under s27 of the 1988 Act Eviction whilst tenant in prison Kalas v Farmer [2010] EWCA Civ 108 Summary T was entitled to damages for unlawful eviction when L had sold the property to a third party with vacant possession while T was incarcerated in prison. Facts...

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Notice to quit

One more chance No new tenancy Fareham Borough Council v Miller [2013] EWCA Civ 159 Summary L had terminated T-s non-secure tenancy by service of a notice to quit following anti-social behaviour by him and others occupying his property. Although L had given T one more...

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Right to buy

Council delays purchase transaction Sums to be credited to premium payable - housing benefit counts as rent Hanoman v London Borough of Southwark [2009] UKHL 29 Summary Housing benefit amounted to payment by a tenant to the landlord for the purposes of s153A and B of...

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Underletting

Difficult landlord Design Progression Ltd v Thurloe Properties Ltd [2004] EWHC 324 Let this case be a warning to any landlord who thinks he might like to make life difficult for a tenant seeking to assign or underlet. The proposed assignee was clearly suitable. After...

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Tenant’s request

This page deals with the tenant's application to the landlord requesting consent to assign, sub-let or charge the lease, the form and contents of the request and how it should be served. Introduction The tenant must ask for consent. If he fails to do so and assigns or...

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Change of use

Planning permission Consent to apply for planning permission required Sequent Nominees Ltd (formerly Rotrust) v Hautford Ltd [2019] UKSC 47 Summary By a 3:2 majority the Supreme Court has held that a landlord was reasonable in withholding its consent to the tenant...

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Damages and s18 cap

This page includes information on the following topics: Works not carried out. Costs estimates. Application of s18 in various contexts. Costs estimates - different work carried out. Covenants to paint. Covenants to re-instate. Old and obsolete buildings. Property ripe...

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Breach

This page includes information on the following topics: Definition of "building" - windows exterior? Demolition of buildings and redevelopment of site - 1000 year lease. Defective Premises Act Repair v improvements - windows Structure - joists. Definition of building...

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Schedules and notices

This page includes information on the following topics: Alterations - notices to re-instate. Collateral agreements Notice of disrepair (Princes House Ltd) Alterations - notice to re-instate Westminster City Council v HSBC Bank plc [2003] EWHC; [2003] 16 EG 103 (Mr...

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