The pursuer was a tenant of industrial premises owned by the defender. The pursuer sought declarator that they had validly exercised their entitlement to break the lease, under a break clause. In order to be effective, the break clause required the pursuer to serve written notice on the defender. The defender disputed that effective termination had occurred, as while notice was in written form and was served on them, it was not addressed to the correct party and strict compl ...
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The Appellant’s brother, who is now deceased (“the Deceased”), held a secure tenancy under the Housing Act 1985 (“the 1985 Act”) of a property owned by the London Borough of Southwark (“the Authority”). The Appellant contends that he lived in his brother’s home for the 12 months preceding his death, caring for him during his terminal illness. The Appeal arises from the efforts of the Appellant to resist the Authority’s efforts to evict him from the property.
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Procedure Roll:- In this action the pursuer sought declarator that a lease between the parties, relating to subjects in Crieff, was validly terminated by the pursuer on 22 January 2009 and for an order ordaining the defenders to remove. It was the pursuers case that the defender had not adequately maintained the subjects in accordance with its obligations under the lease and on 23 November 2007 they served a notice on the defenders enclosing an interim schedule of dilapidations and calling for t ...
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Appeal from the Land Court:- The appellant is the landlord of the holding of Colstoun Mains, Haddington, and the respondent is the tenant. The Land Court had heard parties on the question of whether certain proposed adjustments should be allowed and, if so, whether the Court would be deprived of jurisdiction to entertain the tenant's application. The Land Court refused to allow amendment of the landlord's pleadings. Here the appellants appealed on three grounds:- (1) whether the Land Court had p ...
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The Claimant was successful in its claim for specific performance of a contract for the sale of property despite the omission of plans of the property to the draft lease. The court was able to say that the required correction was clear.
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The Appellant headlessee successfully appealed against a decision by the Lands Tribunal in relation to the valuation of a flat in relation to collective enfranchisement. Where an underlease provided service charge would include the costs to the lessor of the loss of rack rent on a property which had to be provided rent free, the Appellant headlessee was entitled to compensation via the service charge.
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The Pursuer/Appellant sought Declarator that he was a tenant at will of a hut at Downs of Barry by Carnoustie and that he had the right to occupy the land on which the hut was erected “as established by custom and usage”. A Debate had taken place in relation to the Defenders/Respondents’ preliminary pleas. The Defenders had argued that the Sheriff Court did not have jurisdiction to declare the existence of a tenancy at will and also questioned the relevancy of the Pursuer’ ...
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The appellant tenant successfully appealed a possession order made in relation to a protected tenancy as the trial judge had misdirected himself as to the correct approach on the issue of reasonableness which required the judge to consider the effect on both parties if an order was made and also if it was not made.
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The Appellant landlord appealed a decision that the Respondent tenant had the right as a tenant under a long lease to acquire the freehold of its building, because the building was at the date of service of notice of the claim a house “reasonably so called” within the Leasehold Reform Act 1967. The judge had applied the proposition that circumstances would have to be such that nobody could reasonably call the building a house for a judge to hold that it was not a house. The appeal was allowed as ...
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An increase under a rent review for the purposes of the Landlord and Tenant (Covenants) Act 1995 was to be treated as having become due when the increase was agreed or determined, not when the rent review period commenced.
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