Category: Landlord and Tenant

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