Case Laws

This section contains case laws pertaining to Landlord and Tenant disputes.

All Case Laws and comments on this page MUST be verified by your own legal representative. The PCTA takes no responsibilty for the comments and opinions made on this page.

Sella House Ltd v Mears (1989) This case covers  the “contra proferentem rule”, which means that where there is an ambiguity in the lease the ambiguity is read in favour of the tenant not the landlord. A lease must be clear and transparent in what it is saying. i.e. if the Ground Rent named in your lease is fixed and does not mention VAT then the VAT cannot be passed onto the tenant. See the paragraph at the top of page 8 by L.J. Taylor.

Phillips – Goddard V Francis – 03/03/2010 This is the case law which establishes Holiday Chalets as Dwellings and therefore gives them the protection of the Landlord and Tenant Act 1985.

Phillips – Goddard V Francis Appeal Judgement – 21/12/12 This is an appeal of two issues dealing with Qualifying Works and the construction of the lease with regard to a 5% Management charge. The important point from this case is that Sir Andrew Morritt has shown how courts should deal with litigation involving qualifying works and the fragmentation of those works.


2 thoughts on “Case Laws

  1. ian wild

    i am interested in speaking direct with the main tennants who brought the case against the landlords early last year.
    i am along with other residents are in a similar situation with our landlords.
    would be useful to discuss with you further.

    Kind Regards,
    Ian Wild

  2. Dennis Post author


    Are you referring to our legal action which meant holiday chalets are now considered as dwellings and therefore come under the protection of the Landlord and Tenant Act 1985. If so then let me know and we can talk.
    Dennis Phillips
    PCTA Secretary

Leave a Reply

Your email address will not be published. Required fields are marked *


This site uses Akismet to reduce spam. Learn how your comment data is processed.