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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).
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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...
Assured tenancy? Houseboats not protected Mew v Tristmire Ltd [2011] EWCA Civ 912 Summary Houseboats resting on wooden platforms had not become annexed to land. The occupiers of the houseboats were not therefore assured tenants for the purposes of the Housing Act...
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...
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...
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...
Served by one of only two joint tenants Sims v Dacorum Borough Council[2014] UKSC 63A secure tenancy can be brought to an end by one of two joint tenants serving a notice to quit. That was held to be the position in Hammersmith and Fulham v Monk [1992] AC 478 and was...
This page contains material on: Business tenancies to residential tenancies - secure? Exemption - family housed under Children Act Misrepresentation inducing a tenancy Only or principal home Notice to quit served by one joint tenant Reasonableness Succession Suitable...
This pages contains material dealing with Access by landlord to carry out works Mixed use premises Obtaining possession by misrepresentation Statutory tenancy - requirement of occupation Succession Suitable alternative accommodation Transition to assured tenancy...
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