Summary Although the occupiers of shared accommodation where the landlord was resident could not have, as their written agreement purported, an assured shorthold tenancy, the agreement nevertheless created a contract, and they were thus residential occupiers entitled to the protection of the Protection from Eviction Act 1977. Facts The appellant Crown...

Summary The first determination by a surveyor of the cost to a nominee purchaser to purchase the freehold of a block of flats under a collective enfranchisement was final and it was not open to the nominee purchaser to seek further contributions from certain leaseholders towards the purchase price. Facts...

Summary A statutory declaration by a tenant in the form set out in the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 Sch.2 para.8 was found to be effective in relation to business leases falling within sch.2 para.3 of the Order because, on the facts, its form was "in the...

Summary The meaning given to "adverse possession" in JA Pye (Oxford) Ltd v Graham (2002) UKHL 30, (2003) 1 AC 419 was of general application to actions for the recovery of land, including land that was mortgaged, such that the failure of a mortgagee bank to enforce its right to possession of a property occupied...

Summary A supplemental deed limiting the liability of an assignee of an underlease to partnership assets related only to the assets against which recourse could be had by the tenant in the event of default and did not operate to alter the terms of the relationship between the tenant and...

Summary Where a company's members had not understood the relevant facts concerning the concept of rights issues and business property relief, the Duomatic principle could not be applied so as to give the character of a rights issue to what was expressed as a share subscription. Facts The appellants (V),...

Summary The phrase "designed or adapted for living in" in the Leasehold Reform Act 1967 s.2(1) required the court to consider the property as initially built and the purpose for which it was originally designed, and to consider whether any work had subsequently been done so that the original design had...

Summary Loan notes that contained a currency conversion option did not amount to qualifying corporate bonds within the meaning of the Taxation of Chargeable Gains Act 1992 s.117, despite the fact that the option had lapsed. Facts The appellant taxpayer (H) appealed against the decision of the court that loan notes...

Summary In determining the freehold value of a property subject to a lease enfranchisement it was appropriate to have regard to, as suitable comparables, both the value of a cleared site and that of a standing house in the locality. Facts The appellant tenant (T) appealed against a valuation of...