Point West Gr Ltd v Bassi and Others: CA 24 Jun 2020

The background to this appeal is a dispute about service charges; but the main issue is procedural. Its principal focus is the power of the First Tier Tribunal (‘the FTT’) to review one of its decisions, following an application for permission to appeal to the Upper Tribunal (‘the UT’).
References: [2020] EWCA Civ 795
Links: Bailii
Jurisdiction: England and Wales

Last Update: 12 July 2020; scu-Ref: scu.651926

Pender v Reid: 1948

References: 1948 SC 381
Ratio: When a court is asked whether a dwelling-house is let with other land, it must determine whether the land is the adjunct of the dwelling-house, or the dwelling-house the adjunct of the land.
Jurisdiction: Scotland

Last Update: 15 June 2020
Ref: 245815

Bonham-Carter v Hyde Park Hotel: 1948

References: (1948) 64 TLR 177
Coram: Goddard LCJ
Ratio: A party claiming damage for breach of a covenant to repair in a lease must prove that damage.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Crewe Services and Investment Corporation v Silk CA (Times 02-Jan-98, Bailii, [1997] EWCA Civ 2872, [1998] 35 EG 81)
    The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might . .
  • Cited – Latimer and Another v Carney and others CA (Bailii, [2006] EWCA Civ 1417)
    The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 245776

Rowe d. Bamford v Hayley: 1810

References: (1810) 12 East 464
Ratio: The benefit of a break clause passes automatically with the term of the lease creating it.
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Harbour Estates Limited v HSBC Bank Plc ChD ([2004] EWHC 1714 (Ch), Bailii, [2005] 2 WLR 67, [2004] 3 All ER 1057, [2005] 1 EGLR 107, [2005] Ch 194)
    The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
    Held: The . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 263187

McIntyre v ANR and Hardcastle: 1948

References: [1948] 2 QB 82
Ratio:
Jurisdiction: England and Wales
This case is cited by:

  • Cited – PB Investments Ltd v McInnes CA (Bailii, [2007] EWCA Civ 666)
    The defendant was a Rent Act tenant. She was the last remaining tenant in a block of twenty flats which the landlord wished to redevelop. She said that the alternative accommodation offered was unsuitable. She had not co-operated with the claimant . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 263956

Bracey v Read: 1963

References: [1963] Ch 88
Coram: Cross J
Ratio: A tenancy of land used for training horses was a business tenancy within the 1954 Act. The word ‘premises’ is not defined in the Act. Its legal meaning is the subject matter of the habendum in a lease, and it would cover any sort of property of which a lease is granted. ‘… but no doubt the word is used sometimes in a popular sense which is considerably more restricted, in the sense of buildings, or buildings with land immediately adjoining them. In the popular sense it would not be said that some gallops on a downland with no buildings on or near them, could be described as ‘premises’. Sometimes in legislation ‘premises’ has been construed in a popular rather than in a legal sense.
Statutes: Landlord and Tenant Act 1954 Part II
Jurisdiction: England and Wales
This case is cited by:

  • Cited – Spring House (Freehold) Ltd v Mount Cook Land Ltd CA (Bailii, [2001] EWCA Civ 1833)
    A lease provided against the tenant leaving his goods outside the premises, and the landlords objected to motor vehicles being parked there.
    Held: The words had to be interpreted in the light of the intentions of the parties at the time. Motor . .
  • Cited – Regina v Yuthiwattana CACD ([1984] 128 SJ 661, [1984] Crim LR 562)
    The defendant appealed against his convictions under the 1977 Act.
    Held: Under section 1(2) the deprivation of occupation for one day was insufficient. To constitute an offence, the deprivation had to take the character of an eviction. . .

(This list may be incomplete)

Last Update: 15 June 2020
Ref: 184143

Anon: 1587

References: (1587) 2 Leon 174, 74 ER 454
Ratio: The division of a great meadow into many parcels by the making of ditches is not waste, for the meadow may be the better for it, and it is for the profit and ease of the occupiers of it. If a termor convert a meadow into a hop garden it is not waste for it is employed to a greater profit and it may be a meadow again.
Jurisdiction: England and Wales

Last Update: 15 June 2020
Ref: 183000