cases Flashcards
What is set out in Street v Mountford 1985
Sets out the difference between a lease and licence
exclusive possession is granted of a defined area for over 6 months - likely to be a lease
Recent case regarding Time of the essence?
Bello v Ideal View 2008 - related to a lease where the landlord had not initatied a rent review for over 13 years - the court held that time was not of the essence and the rent review could proceed.
What was set out in British gas corporation v Universities Superannuation scheme 1986
court considered whether a hypothetical lease at a rent review would contain a rent review clasue held in the absence of clear wording - future rent reviews in actual leases should be considered in the hypothetical lease in agreeging open market rent.
what was the outcome of Jones v kaney 2011
Expert witness is now not protected by immunity and can be sued for negligence
what happened in S.Frances Ltd v The cavendish hotel Ltd 2017?
Court initially held that a landlord is entitled to refuse the grant of a new business tenancy on grounds of redevelopment where redeveloping is devised from the eviction of the tenant
Supreme court allowed the appeal in 2018 in favour of the tenant meaning the landlord had to prove intention to carry out the works.
subsequent judgement relating to rent - and the interim rent to be determined.
The judgement reflects the effects of Covid-19 on rents and the necessity to value a year-to-year tenancy as required by the act as a starting point for interim rent.
In O’May V City of London property co 1982 what werfe the four principles test regarding vatriation of lease terms to reflect Modern lease
1 - the landlord must have a valid reason on estate management grounds
2 - The change proposed must be capable of being compensated in a change of rent
3 - Change must not materially adversely affect the tenant’s secuity of tenure
4 - it must be reasonable
