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.
|
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.
|
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’ ...
|
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.
|
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 ...
|
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.
|
A landlord was entitled to refuse consent to assignment of a lease having considered a number of factors affecting the ability of the assignee to meet the covenants. The landlord’s refusal of consent was one a reasonable landlord could have arrived at, and as such no further justification for its decision was required.
|
The Appellant tenant failed in an appeal of the exercise of a judge’s discretion under the Landlord and Tenant Act 1954 in dismissing the tenant’s application for a new tenancy, there was no flaw in the exercise of the judge’s discretion in circumstances where the tenant had continually flouted planning controls by operating various businesses on an area of land.
|
Landlord and Tenant: A landlord had made oral agreements with a tenant for the grant of three year leases of industrial units. These agreements did not have to satisfy the requirements of the Law of Property (Miscellaneous Provisions) Act 1989 section 2, in that they did not have to be in writing. This was because they ripened into legal leases when possession was taken as the three year terms created legal leases pursuant to section 54(2) Law of Property Act 1925.
|
Landlord and Tenant: The Tribunal considered whether the landlord had carried out consultation in accordance with section 20 of the Landlord and Tenant Act 1985. The landlord sent the tenants a letter telling them the estimates for building works were available for inspection at its offices. It did not include the estimates thermselves. The Tribunal held that the statutory obligation had not been complied with as the offices were 8-10 miles away from the properties and thus this did not constitu ...
|
| 1 2 3 4 5 6 7 8 9 10 |