Case Law Flashcards
Licence does not guarantee a licence exists if it has all the characteristics of a lease
Street v Mountford
“for the duration of the war” is not certainty of term
Lace v Chantler
Landlord retaining keys does not undermine exclusive possession if they never use the keys
Aslan v Murphy
4 unities test failed
A G Securities v Vaughan
Studio Flat meant, even though the lease said the landlord could add tenants, this wouldn’t be possible in reality therefore exclusive possession did exist
Antoniades v Villiers
Consent for alterations can be reasonably refused if it affects the structural integrity of the building
Iqbal v Thakar
Consent to assign will be unreasonably withheld if:
- its nothing to do with L+T relationship
- Detriment to tenant is worse than landlord
- Refusal increases landlord’s control
International Drilling Fluids Ltd. v Louisville Investments (Uxbridge) Ltd.
New tenant not fitting in with established tenant mix policy is reasonable grounds to withhold consent for assignment
Moss Bros Group plc. v CSC Properties Ltd.
Refusal to assign based on grounds incoming tenant will break user covenant is reasonable
Ashworth Frazer Ltd. v Gloucester City Council
Reasonable time to respond to assignment request is 28 days
Dong Bang Minerva v Davina
Self Help clause for breach of repair
Jervis v Harris
Notice is deemed served when it is posted
Beanby Estates Ltd. v Egg Stores (Stamford Hill) Ltd.
Original tenant of an old lease is liable for the leasehold covenants for the whole of the lease term
Thursby v Plant
A covenant “touches and conerns” the land if it affects the landlord and tenant in their capacity as landlord and tenant
Hui Chiao v Chiapua
An alteration is an improvement if it benefits the tenant
Lambert v Woolworth
