British Telecommunications Plc v Sun Life Assurance Society Plc: CA 3 Aug 1995
A landlord became in breach of his duty of repair under his covenant immediately the repairable defect occurred, not after a reasonable time had been given to make the repair. Nourse LJ summarised the...
View ArticleSpath Holme Ltd v Greater Manchester and Lancashire Rent Assessment...
The rent assessment committee had rejected market rent comparables as an indicator of market rent for the subject premises, because, inter alia, they were not satisfied of the actual absence of...
View ArticleBelvedere Court Management Ltd v Frogmore Developments Ltd: CA 24 Oct 1995
Landlords had sold flats to Frogmore without serving a section 5 notice under the 1987 Act. Prior to receipt of a purchase notice, Frogmore granted certain leases in the block of flats to another...
View ArticleProudred Ltd v Microgen Holdings Plc: CA 21 Aug 1995
Landlords holding keys during discussion with receiver not accepting surrender. Citations: Ind Summary 21-Aug-1995 Jurisdiction: England and Wales Landlord and Tenant Updated: 20 December 2022; Ref:...
View ArticleCadogan Estates Ltd v McMahon: CA 9 Jun 1999
A provision in a tenancy agreement that the tenancy would cease upon the bankruptcy of the tenant, continued and became part of the terms of a statutory tenancy following the contractual one. The...
View ArticleFriends Provident Life Office v British Railways Board: CA 31 Jul 1995
An obligation taken on by a subsequent assignee cannot affect liability of original Tenant or surety. Variation of tenancy without intention to create new tenancy does not end surety. Citations: Times...
View ArticleKeepers and Governors of the Free Grammar School of John Lyon v James and...
A protected subtenant becomes a protected tenant on the forfeiture of an intermediate lease. Citations: Times 07-Jul-1995 Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 21...
View ArticleKaur v Gill: CA 15 Jun 1995
A landlord could be liable for for orders for damages both for a common law breach of quiet enjoyment under the lease and for the loss of occupation under the 1988 Act. The case of Mason was...
View ArticleMannai Investment Co Ltd v Eagle Star Assurance Co Ltd: CA 19 Jul 1995
A notice exercising a tenant’s or landlord’s right to break a lease, must be given precisely as required by the break clause in the lease. Nourse LJ said that the last moment of time on one day is not...
View ArticleProudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995
The handing back of keys without more does not of itself constitute a lease surrender. The passage in Tarjoumi as to implied surrender would have been more correct if there was added the phrase: ‘or...
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