Case Law Examples

Question 1

Section 27 (3 months notice)

Answer 1

Single Horse Properties v Surrey County Council

• L served S25 - terminate lease
• T served counter notice SS26 - New lease
• T vacated property before end date

Question 2

Leases and Licences

Answer 2

Street v Mountford

• licence to occupy a furnished room in a house
• agreement granted exclusive possession at a rent
• owner provided neither attendance nor services
• Considered a lease

Question 3

Repair distinguished from an improvement

Answer 3

Halliard Property co. Ltd v Nicholas Clarke Investments

• A jerry built extension of 4.5 inch brickwork fell down
• court held that repairing covenant did not extend to rebuilding in accordance with modern bye laws

Question 4

Exercise right of Entry to Repair

Answer 4

Jervis V Harris

• Recovery of cost of repair by LL as debt