Housing Law article
Munt v Beasley [2006] EWCA Civ 370 (04 April 2006)
The Appellant tenant successfully appealed against a decision giving damages to the Respondent landlord for trespass and breach of covenant as the tenant had converted loft space which the landlord claimed was not part of the tenant’s demise. On appeal it was held that the case for an order for rectification was established but even if that was wrong, the landlord was estopped from denying the loft to be subject to the lease as no complaint about the conversion works had been made for years.
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Morshead Mansions Ltd v Mactra Properties Ltd [2006] EWCA Civ 492 (03 April 2006)
A consent order which settled a dispute between the parties in their relationship as landlord and tenant did not do so with regard to their relationship as company and shareholder as there was a practical distinction between the two.
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Fitzroy House Epworth Street (No. 1) Ltd. & Anor v The Financial Times Ltd. [2006] EWCA Civ 329 (31 March 2006)
The Appellant landlords were unsuccessful in appealing a decision that the Respondent tenant had successfully terminated its lease pursuant to a notice given by the tenant under a break clause. The landlord alleged that the tenant had failed to “materially comply with” its repairing obligations. The judge found that the tenant may have taken reasonable steps to comply however this was irrelevant to the objective question of material compliance. The relevant question was whether, in light of the findings by the judge, the tenant had materially complied with its obligations and the answer was in the affirmative.
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Islington v UCKAC & Anor [2006] EWCA Civ 340 (30 March 2006)
The Housing Act 1985 contained a lacuna in that an assignee of a secure tenancy, who had taken part in the fraudulent misrepresentation that induced the landlord to grant the tenancy to the original tenant, was able to resist an order for possession and thereby take advantage of his own fraud as the common law remedy of rescission of the tenancy was not available to the landlord, but rather they had to follow the code set out in Schedule 2 of the Act.
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Notting Hill Housing Trust v Roomus [2006] EWCA Civ 407 (29 March 2006)
The landlord served notice under section 21(4) Housing Act 1988 stating possession is required “at the end of your period of your tenancy”. The court conisdered the phrase meant after the end of the tenancy rather than the split second in time the tenancy came to an end. It was therefore a valid notice.
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Basildon District Council v Wahlen [2006] EWCA Civ 326 (28 March 2006)
In resolving rival claims for possession of a property and the right to buy, the court should carry out a balancing exercise and it was an essential ingredient of any judgment that it contain some reasoning explaining how the balancing exercise was carried out and why it comes down in favour of one party.
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Waycourt Ltd v Viscount Chelsea Cadogan Estates Ltd [2006] EWCA Civ 511 (20 March 2006)
The head lessee had altered the basement of two premises tunring vaults into a kitchen and dining area. The freeholder served a section 146 notice claiming breach of covenant and in particular a change of layout. The court held that this alteration did amount to a breach and was a change in layout. The section 146 notice that had been served was sufficient to bring the breach to the attention of the lessee.
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Marlborough Park Services Ltd v Rowe & Anr CA, 7/3/06
A court would not imply words of qualification into a lease unless it was obvious or necessary. In this particular case there was no need to qualify the lease as the term “main structures” must have included the floor joists as they kept the structure of the building sound.
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Kerr v Stephens [2006] EWCA Civ 187 (15 February 2006)
The court determined as a preliminary issue that there was sufficient evidence of occupation of a property as a residence in order to afford protection under the Rent Act 1977.
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Kilmartin SCI (Hulton House) Ltd v Safeway Stores [2006] EWHC 60 (Ch) (27 January 2006)
In calculating the net internal area of a building, the area to be included pursuant to the RICS Code of Measuring Practice, was the area that could be used for any sensible purpose in connection with the purposes for which the premises were to be used.
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