Archive for May 2007
Hunt v Soady [2007] EWCA Civ 366 (26 April 2007)
Even where there had been a provisional agreement between parties to transfer a beneficial interest, it was right to order the sale of a property where that agreement had not been acted on by the benefiting party either in good time or to his detriment.
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Howard De Walden Estates Ltd v Les Aggio & Ors [2007] EWCA Civ 499 (24 May 2007)
The Leasehold Reform, Housing and Urban Development Act 1993 did not confer on a lead lessee the right of individual lease extension.
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Trans-World Investments Ltd v Dadarwalla [2007] EWCA Civ 480 (22 May 2007)
The Court of Appeal allowed an appeal where the trial judge had not taken the passing rent of the property when determining the new market rent under section 34 of the Landlord and Tenant Act 1954. The court held that the passing rent was relevant valuation evidence and it was for the party challenging the relevance of the passing rent to produce evidence to show why the passing rent is not a relevant factor in determining the market rent.
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Lay & Ors v Drexler & Ors (t/a Littlestone Martin Glenton) [2007] EWCA Civ 464 (18 May 2007)
When a tenant served on a landlord notice under section 29(5) of the Landlord and Tenant Act 1954 informing the landlord that they no longer wanted a new tenancy this was equivalent to a notice of discontinuance. Unless the tenant could show special circumstances it would have to pay the landlord’s costs.
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Wall v Collins & Anor [2007] EWCA Civ 444 (17 May 2007)
When a leasehold and freehold estate were merged it did not have the effect of extinguishing a right of way that had been attached to the leasehold interest.
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Succession in secure tenancies – House of Lords
An eminently sensible House of Lords decision today in Birmingham CC -v- Walker [2007] UKHL 22, maintaining the sensible Court of Appeal decision ([2006] 1 WLR 2641).
At issue was whether a transmission or change of a tenancy in one of the forms set out in Housing Act 1980, s.88.1 as constituing a succession counted as [...]
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Riverside Housing v White, House of Lords
The Court of Appeal judgment in Riverside suggested that if rent increases hadn’t been levied pretty much exactly as per any provision in the tenancy agreement, those increases were invalid. Riverside had levied rent increases later than the date specified in the tenancy agreement. This was a rent arrears possession case and the arrears were [...]
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Riverside Housing Association Ltd v White & Anr, HL, 7/5/2007
Where a rent review clause in an assured tenancy agreement provides that rent would be increased each year from the first Monday of June, the landlord is entitled, if the required notice is given, to increase rent on any date from and including the first Monday in June.
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Reflections on Riverside v. White
Housing associations, in particular Riverside Housing Association, will have been popping champagne corks recently, to celebrate the result of the recent House of Lords decision in the case of Riverside Housing Association v. White.
In this case Mr and Mrs White, who were being evicted by their landlords, Riverside, sought to claim that they were not [...]
Related posts:
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White v Knowsley – Court of Appeal Judgment
Given today and no surprises.
The upshot is that assured tenants and secure tenants are in exactly the same position in regard to suspended possession orders and that s.9 Housing Act 1989 and s.82 Housing Act 1985 have the same effect despite the difference in wording.
So, any assured tenant in breach of an old suspended possession [...]
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