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.
THIS APPEAL HAS NOW BEEN OVERTURNED IN THE COURT OF APPEAL.