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 which is discussed on the Forfeiture page. Effect of paying rent in advance Altonwood Ltd v Crystal Palace F.C. (2000)...
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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:
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 word victualler in a 1950 lease. In the absence of any other evidence the court had regard to dictionaries. Etherton J:...
Alterations
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...
Dilapidations
The pages in this section deal with various matters relating to dilapidation claims - see the contents section on the left. See also: Housing disrepair claims Back to top
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 lease on disclaimer, and Lease held on trust not part of bankrupt's estate Authorised guarantee agreement Liability of...
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 Property litigation section of the site.
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 landlord do with goods left on the premises after the tenant has left? Can he throw them on the street? Can he sell them?...
Restraint of trade
Shopping centre Covenant preventing lettings to competitors with "anchor tenant" - Supreme Court Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 Summary A covenant restricting a developer of a shopping centre from letting units...
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 trustee - s18 of the 1994 Act Gateway Housing Association v Ali (Deceased)[2020] EWCA Civ 1339 Summary The Court...
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 the essence Notices Rent review arbitration See contents on left.