Board of Trustees of the National Provident Fund v Shortland Securities...
References: [1997] 1 NZLR 1 Coram: Lord Hoffmann Ratio: (New Zealand) Lord Hoffmann: ‘The expression ‘ratchet clause’ is well understood in New Zealand to mean a particular type of clause, namely a...
View ArticleBoard of Trustees of the National Provident Fund v Shortland Securities...
References: [1996] 1 NZLR 45 Coram: Gault J Ratio: (New Zealand Court of Appeal) The court considered whether a review in a lease without a ratchet (upwards only) rent review clause could be exercised...
View ArticleLiving Waters Christian Centres Ltd v Fetherstonehaugh: ComC 26 Sep 1997
References: Unreported, 26 Sep 1997 Coram: Colmore J Ratio: Rent review. Whether misconduct by reason of the admission of hearsay evidence and evidence not proved by affidavit in non-compliance with...
View ArticleAnne Stephens, Widow And Administratrix of William Stephens Esq v John...
References: [1673] EngR 7, (1673) Fin H 40, (1673) 23 ER 22 (A) Links: Commonlii Ratio: Bill by the Administratrix of the Lessee against the Administratrix of the Lessor, to be relieved for what she...
View ArticleNorwich Union Life Insurance Society v Low Profile Fashions Ltd: CA 1952
References: [1952] 21 EG 104 Coram: Beldam LJ Ratio: The landlord claimed for arrears of rent. The tenancy had been assigned quickly three times. The tenant argued that the landlord should be...
View ArticleFerrand v Ramseys Case: 1687
References: [1687] EngR 247, (1687) 1 Leo 268, (1687) 74 ER 244 (B) Links: Commonlii Ratio: Jurisdiction: England and Wales Last Update: 17 March 2019 Ref: 395299 The post Ferrand v Ramseys Case: 1687...
View ArticleMorrow v Nadeem: 1981
References: [1986] 1 WLR 1381 Coram: Nicholls LJ Ratio: In a notice served pursuant to s25 of the 1954 Act the landlord was described as the individual who was effectively the sole shareholder and...
View ArticleRainbow Estates Ltd v Tokenhold Ltd and Another: ChD 12 Mar 1998
References: Times 12-Mar-1998, Gazette 16-Apr-1998, [1998] 2 All ER 880, [1998] 2 EGLR 38, [1999] Ch 64 Ratio: There is no current common law bar preventing enforcement of a Landlord’s repair covenant...
View ArticleHayward v Chaloner: CA 1968
References: [1968] 1 QB 107 Coram: Russell LJ Ratio: The alleged tenant (the rector of a parish) knew that rent should have been paid but had not paid it. ‘Only one of the previous rectors gave...
View ArticleMorelle Ltd v Waterworth: CA 1955
References: [1955] 1 QB 1 Ratio: The court was asked (1) Was the assurance to the Plaintiff Company of the unexpired residue of a term of years in house property in London an assurance of land in...
View ArticleRe Boyer’s Settled Estates: 1916
References: [1916] 2 Ch 404 Coram: Sargant J Ratio: A right to reside shared by two persons was recognized as a valid and effective right. Sargant J said: ‘I think that the effect of s58 is, broadly...
View ArticleMontoya v Hackney London Borough Council: QBD 15 Jul 2004
References: Unreported, 15 July 2004 Ratio: The tenant claimed that the defendant local authority landlord had failed in its duty of repair. A jointly instructed expert gave evidence that the disrepair...
View ArticleParker v Briggs: CA 1893
References: (1893) 37 Sol Jo 452 Ratio: ‘the appellants contend . . that a parol lease to commence at a future date was in point of law and in fact an agreement for a lease, and as such must be in...
View ArticleWallis v Hands: 1893
References: [1893] 2 Ch 75, [1893] All ER Rep 719 Ratio: Where the tenant abandons the property and the landlord creates a new tenancy, the law will imply acceptance of the tenant’s surrender of the...
View ArticleRe Lyne-Stephens and Scott-Miller’s Contract: CA 1920
References: [1920] 1 Ch 472 Ratio: A vendor of a house was entitled to retain the benefits of payments from a tenant made between contract and completion, because the vendor had sold the house but not...
View ArticleBelaney v Belaney: 1867
References: (1867) 2 Ch.App138 Coram: Lord Chelmsford Ratio: The testator bought the residue of a 99 year lease and took an assignment of the term. In the following year he bought the freehold...
View Article– v – (London : Section 27A): FTTPC 22 Nov 2013
References: [2013] UKFTT RP – LON – 00AJ – Links: Bailii Ratio: Jurisdiction: England and Wales Last Update: 19 March 2019 Ref: 623256 The post – v – (London : Section 27A): FTTPC 22 Nov 2013 appeared...
View ArticleThe Mayor and Burgesses of The London Borough of Islington v All Residential...
References: [2013] UKFTT RP – LON – 00AU – Links: Bailii Ratio: London : Section 20ZA Jurisdiction: England and Wales Last Update: 19 March 2019 Ref: 623196 The post The Mayor and Burgesses of The...
View Article– v – (London : Section 27A): FTTPC 19 Dec 2013
References: [2013] UKFTT RP – LON – 00AW – Links: Bailii Ratio: 1985/1987 Act Decisions Jurisdiction: England and Wales Last Update: 19 March 2019 Ref: 623381 The post – v – (London : Section 27A):...
View Article– v – (London : Section20ZA): FTTPC 24 Sep 2013
References: [2013] UKFTT RP – LON – 00BK – Links: Bailii Ratio: 1985/1987 Act Decisions Jurisdiction: England and Wales Last Update: 19 March 2019 Ref: 622985 The post – v – (London : Section20ZA):...
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