Archive for 2006
Doherty v Brimingham City Council & Anr, CA, 21/12/2006
The Appellant traveller unsuccessfully appealed a possession order against him as a challenge pursuant to Art.8 of the European Convention on Human Rights was not open to him on the facts of the case.
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Broadway Investments Hackney Ltd v Grant [2006] EWCA Civ 1709 (20 December 2006)
A lease which required the use of the lower part of premises for business purposes and no other, whilst the top part was permitted for residential, amounted to a business tenancy within the meaning of the Landlord and Tenant Act 1954, section 23(1).
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Goodchild v Bradbury & Ors [2006] EWCA Civ 1868 (15 December 2006)
A transfer of land by an elderly great uncle to his great nephew was set aside as it could not be shown that full, free and informed consideration had been given but rather the transfer was held to be the result of undue influence.
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Richmond Court (Swansea) Ltd v Williams [2006] EWCA Civ 1719 (14 December 2006)
Where a landlord refused to install a stair lift in a block of residential flats, he was not discriminating against the disabled tenant as his reasons for refusing did not relate to her disability.
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Reichman & Anor v Beveridge & Anor [2006] EWCA Civ 1659 (13 December 2006)
The Appellant tenant was unsuccessful in his appeal against a decision that his landlords were under no duty to mitigate their loss when seeking to recover rent arrears, where the tenant had failed to pay rent due under a lease and had abandoned the demised premises.
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Wilcox v Tait [2006] EWCA Civ 1867 (13 December 2006)
Equitable accounting should more properly should be carried out after sale of a property where a declaration as to joint beneficial interests had been made.
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Moncure v. Cahusac (as Executor of the Estate of Doris Cahusac-Delisser) (Jamaica ) [2006] UKPC 54 (22 November 2006)
The landlord accepted rent from the tenant for a number of years. The tenant claimed to have exercised an option to renew and the landlord was estopped from denying that the tenant was entitled to a further 5 year term. In the light that the landlord had accepted rental payments the landlord’s claim for possession failed.
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Ali v Lane & Anor [2006] EWCA Civ 1532 (21 November 2006)
Where a conveyance of land was unclear or ambiguous a judge was entitled to have regard to extrinsic evidence such as that relating to the physical features of the land at that time. Evidence of subsequent conduct could also be taken into account provided it was of probative value in determining what the original parties to the conveyance had intended.
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Ferguson Latimer & Anor v Carney & Ors [2006] EWCA Civ 1417 (27 October 2006)
The court could infer from the estimated costs of repairs to a property, the diminution in the value of the reversion. Thus expert evidence as to the diminution in value for the purposes of calculating damages under section 18(1) of the Landlord and Tenant Act 1927 was not necessary.
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Rehman v Benfield [2006] EWCA Civ 1392 (26 October 2006)
The occupiers of a property claimed adverse possession. Their claim failed because during the relevant 12 year period they had entered into a sham lease purporting to be with the owner of the land. This acknowledged the owner’s title to the property.
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