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Landlord and Tenant: Case Law, Legislation, Links 07-11-17

Landlord and Tenant: Case Law, Legislation, Links 07-11-17

Postby dls » Tue Nov 07, 2017 11:27 am

Landlord and Tenant, commercial and residential.
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Central London Property Trust Ltd -v- High Trees House Ltd; KBD 1947 - The plaintiff leased a block a flats to the defendant in 1939, at an annual rental of £2500. High Trees had difficulty in filling the flats because of the war, and the parties agreed in writing in 1940 to reduce the rental to a half. No time period for the reduction was set. High Trees paid the reduced rent for five years and by late 1945, the flats were full. Central London sought to re-instate the full rent from the second half of 1945, as the war ended.
    Elizabeth Court (Bournemouth) Ltd -v- Revenue & Customs; SCIT 26-Nov-2007 - STAMP DUTY LAND TAX – reliefs – collective enfranchisement by leaseholders – whether the chargeable transaction entered into by the Appellant was ‘a chargeable transaction entered into by an RTE company in pursuance of a right of collective enfranchisement’ – no – appeal dismissed – FA 2003 s 74(1).
    Hughes -v- Metropolitan Railway Co; HL 1877 - A notice to repair had been served by the landlord on the tenant. The tenant wrote offering to buy the premises and proposed deferring the commencement of repairs until the landlord responded. The landlord replied by letter asking the price. It was held that those letters had the effect of suspending the notice. The tenant’s letter was ‘a definite intimation . . that they would not proceed to execute the repairs . . if they found that there was a possibility of an agreement to purchase being come to.’ Of the courses open to the landlord, he had taken the course that he said to the tenant ‘I will adopt what you propose and enter upon a negotiation.’
    Olympia & York Canary Wharf Ltd -v- Oil Property Investments Ltd; CA 1994 - A landlord could properly refuse to consent to the assignment of a lease back to an original tenant in circumstances where the parties accepted that, if there was a re-assignment, the original tenant could exercise a right conferred on it alone as tenant to determine the lease.
    Truro Diocesan Board of Finance Ltd -v- Foley; CA 22-Oct-2008 - The tenant appealed against a decision that a deed he had entered into with the claimant did not operate to give him the status of a protected or statutory tenancy.
Legislation:
    1285
    1449
    1491
    1689
    1730
    1737
    1852
      Common Law Procedure Act 1852 / 76 -|- Case law -|- See Also: Litigation Practice
      An Act to amend the Process, Practice, and Mode of Pleading in the Superior Courts of Common Law at Westminster, and in the Superior Courts of the Counties Palatine of Lancaster and Durham.
    1870
    1908
    1925
    1927
      Landlord and Tenant Act 1927 / 36 -|- Case law
      An Act to provide for the payment of compensation for improvements and goodwill to tenants of premises used for business purposes, or the grant of a new lease in lieu thereof; and to amend the law of landlord and tenant.
    1938
    1950
    1954
      Landlord and Tenant Act 1954 / 56 -|- Case law
      An Act to provide security of tenure for occupying tenants under certain leases of residential property at low rents and for occupying sub-tenants of tenants under such leases; to enable tenants occupying property for business, professional or certain other purposes to obtain new tenancies in certain cases; to amend and extend the Landlord and Tenant Act 1927, the Leasehold Property (Repairs) Act 1938, and section eighty-four of the Law of Property Act 1925; to confer jurisdiction on the County Court in certain disputes between landlords and tenants; to make provision for the termination of tenancies of derelict land; and for purposes connected with the matters aforesaid.
    1957
      Rent Act 1957 / 25 -|- Case law -|- See Also: Housing
      An Act to amend the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, the Rent of Furnished Houses Control (Scotland) Act, 1943, the Furnished Houses (Rent Control) Act, 1946, the Housing (Repairs and Rents) (Scotland) Act, 1954, and certain other enactments relating to the control of rents and the right to retain possession of houses; to provide a minimum length for notice to terminate residential lettings; and for purposes connected with the matters aforesaid.
    1958
      Cost of Leases Act 1958 / 52 -|- Case law
      An Act to make provision for the incidence of the costs of leases.
      Agriculture Act 1958 / 71 -|- Case law -|- See Also: Agriculture
      An Act to amend the Agriculture Act, 1947, the Agricultural Holdings Act, 1948, the Agriculture (Scotland) Act, 1948, and the Agricultural Holdings (Scotland) Act, 1949; to require the landlord of an agricultural holding in certain cases to provide, repair or alter fixed equipment on the holding; to amend Part II of the Landlord and Tenant Act, 1954, as to tenancies of agricultural land excluded therefrom; to amend the Schedule to the Corn Production Acts (Repeal) Act, 1921, and section twenty-one of the Hill Farming Act, 1946; and for purposes connected with the matters aforesaid.
    1967
    1968
      Caravan Sites Act 1968 / 52 -|- Case law -|- See Also:, Housing, Local Government
      An Act to restrict the eviction from caravan sites of occupiers of caravans and make other provision for the benefit of such occupiers; to secure the establishment of such sites by local authorities for the use of gipsies and other persons of nomadic habit, and control in certain areas the unauthorised occupation of land by such persons; to amend the definition of “caravan” in Part I of the Caravan Sites and Control of Development Act 1960; and for purposes connected with the matters aforesaid.
    1969
      Law of Property Act 1969 / 59 -|- Case law -|- See Also:, Land
      An Act to amend Part II of the Landlord and Tenant Act 1954; to provide for the closing of the Yorkshire deeds registries; to amend the law relating to dispositions of estates and interests in land and to land charges; to make further provision as to the powers of the Lands Tribunal and court in relation to restrictive covenants affecting land; and for purposes connected with those matters.
    1974
      Rent Act 1974 / 51 -|- Case law -|- See Also:, Housing, Scotland
      An Act to amend the Rent Act 1968 and the Rent (Scotland) Act 1971 and the provisions of Part II of the Housing Finance Act 1972 and of the Housing (Financial Provisions) (Scotland) Act 1972 relating to rent allowances, and for connected purposes.
    1975
      Mobile Homes Act 1975 / 49 -|- Case law -|- See Also:, Housing
      An Act to amend the law in respect of mobile homes and residential caravan sites; and for purposes connected therewith.
    1977
      Rent Act 1977 / 42 -|- Case law -|- See Also: Housing
      An Act to consolidate the Rent Act 1968, Parts III, IV and VIII of the Housing Finance Act 1972, the Rent Act 1974, sections 7 to 10 of the Housing Rents and Subsidies Act 1975, and certain related enactments, with amendments to give effect to recommendations of the Law Commission
      Protection from Eviction Act 1977 / 43 -|- Case law -|- See Also: Housing, Torts - Other
    1980
      Housing Act 1980 / 51 -|- Case law -|- See Also: Housing, Local Government
      An Act to give security of tenure, and the right to buy their homes, to tenants of local authorities and other bodies; to make other provision with respect to those and other tenants; to amend the law about housing finance in the public sector; to make other provision with respect to housing; to restrict the discretion of the court in making orders for possession of land; and for connected purposes.
    1983
    1985
      Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 / 73 -|- Case law -|- See Also: Scotland, Local Government, Evidence, legal Professions
      An Act to amend the law of Scotland in respect of certain leases, other contracts and obligations; certain courts and their powers; evidence and procedure; certain criminal penalties; the care of children; the functions of the Commissioner for Local Administration; solicitors; and certain procedures relating to crofting and the valuation of sheep stocks; and to make, as respects Scotland, certain other miscellaneous reforms of the law.
      Landlord and Tenant Act 1985 / 70 -|- Case law -|- See Also:, Housing
      An Act to consolidate certain provisions of the law of landlord and tenant formerly found in the Housing Acts, together with the Landlord and Tenant Act 1962, with amendments to give effect to recommendations of the Law Commission.
    1986
      Agricultural Holdings Act 1986 / 5 -|- Case law -|- See Also: Agriculture
      An Act to consolidate certain enactments relating to agricultural holdings, with amendments to give effect to recommendations of the Law Commission.
    1987
      Landlord and Tenant Act 1987 / 31 -|- Case law -|- See Also:, Housing
      An Act to confer on tenants of flats rights with respect to the acquisition by them of their landlord’s reversion; to make provision for the appointment of a manager at the instance of such tenants and for the variation of long leases held by such tenants; to make further provision with respect to service charges payable by tenants of flats and other dwellings; to make other provision with respect to such tenants; to make further provision with respect to the permissible purposes and objects of registered housing associations as regards the management of leasehold property; and for connected purposes.
    1988
      Landlord and Tenant Act 1988 / 26 -|- Case law
      An Act to make new provision for imposing statutory duties in connection with convenants in tenancies against assigning, underletting, charging or parting with the possession of premises without consent.
    1993
      Leasehold Reform, Housing and Urban Development Act 1993 / 28 -|- Case law -|- See Also:, Housing
      An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.
    1995
      Landlord and Tenant (Covenants) Act 1995 / 30 -|- Case law
      An Act to make provision for persons bound by covenants of a tenancy to be released from such covbenants on the assignment of the tenancy, and An Act to make otherprovisions with respect to rights and liabilities arising under such covenants; to retsrict in certain circumstances the operation of rights of re-entry, forfeiture and disclaimer; and for connected purposes.
      Agricultural Tenancies Act 1995 / 8 -|- Case law -|- See Also:, Agriculture
      An Act to make further provision with respect to tenancies which include agricultural land.
    1996
      Housing Act 1996 / 52 -|- Case law -|- See Also: Housing
      An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes.
    1999
      The Rent Acts (Maximum Fair Rent) Order 1999 / 6 -|- Case law -|- See Also: Housing
      The Secretary of State for the Environment, Transport and the Regions as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by section 31 of the Landlord and Tenant Act 1985(1), and of all other powers enabling them in that behalf, hereby make the following Order
    2002
    2003
    2004
      Housing Act 2004 / 34 -|- Explanatory Note -|- Case law -|- See Also: Housing, Land
      An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.
    2008
      Housing and Regeneration Act 2008 / 17 -|- Explanatory Note -|- Case law -|- See Also: Housing
      An Act to establish the Homes and Communities Agency and make provision about it; to abolish the Urban Regeneration Agency and the Commission for the New Towns and make provision in connection with their abolition; to regulate social housing; to enable the abolition of the Housing Corporation; to make provision about sustainability certificates, landlord and tenant matters, building regulations and mobile homes; to make further provision about housing; and for connected purposes.
    2014

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