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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:
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 tenant of a housing co-operative. Her tenancy agreement ran "from month to month until determined as provided in this...
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 of dilapidations settlement on break clause. Material compliance Minor breach makes clause...
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 the huts themselves were chattels as there was either no, or only very slight, annexation. Facts The claimants were the...
Side letter to lease Termination right a penalty Vivienne Westwood Ltd v Conduit Street Development Ltd [2017] EWHC 350 (Ch) Summary The termination provisions in a rent concession side letter to a lease were penal in nature. The purported termination provisions were...
Unreasonable refusal to consent Iqbal v Thakrar [2004] EWCA Civ 592 Facts Lease of ground floor premises for a term of 999 years, which contained a covenant not to alter the premises without the consent of L not to be unreasonably withheld. T sought Ls consent to...
This page deals with five issues Short term holiday lets - AirBnB - Booking.com - breach of the lease? Short term subletting by sub-tenant - liability of head-lessee Was sharing of occupation a breach of the lease? What did it mean to share possession or occupation? A...
This page deals with the following issues: The reason that can be relied upon - adducing evidence that was not available at the time the reason was given to support that reason - elaborating the reasons. Reasonable time. Consent by accident! - Consent "in principle" -...
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 a tenant at will (Javad v Aquil [1991] 1 WLR 1007). However, circumstances can develop whereby a periodic tenancy...
General principles There are many cases on the subject the most important of which is probably International Drilling Fluids Ltd v Louisville Investments (Uxbridge) Ltd [1985] EWCA Civ 11. The main principles as stated in that case are as follows (Balcombe J at 325):...
This page deals with: The exercise of rights after assignment. The importance of registering the assignment where it is required by 2002 Act. Virtual assignments. See also the pages dealing with Consents and the Landlord and Tenant (Covenants) Act 1995 in this section...
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