Keelwalk Properties Ltd v Waller and another
Series: Estates Gazette ; [2002] 33 EG 95(1) | Estates Gazette ; [2002] 48 EG 142-148(7) | Court of Appeal (Civil Division) ; 2002] EWCA Civ 1076Publication details: 2002Subject(s): Online resources: Summary: CA 30 July 2002. Appellant (K) was freehold owner of a number of plots on an estate which were let under a fifteen year lease at a ground rent to the respondents (W). Upon expiry of W's leases K offered to grant new leases at rack-rent instead of ground rent. W rejected these offers and K brought possession proceedings against them. W argued that the bungalow on their respective plots was their property and did not form part of the freehold title. The original judge dismissed the possesion claims of K but also rejected W's claims of ownership of the bungalows. K appealed and this was allowed. It was decided that a landlord's long standing practice of renewing leases at a ground rent could not in itself justify an expectation on the tenant that this practice should continue. Full judgement available on Court Service website http://www.courtservice.gov.uk/View.do?id=1306&searchTerm=Keelwalk&ascending=false&index=0&maxIndex=0| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Law report | London Journal article | 1 | Available | 119618-1001 |
CA 30 July 2002. Appellant (K) was freehold owner of a number of plots on an estate which were let under a fifteen year lease at a ground rent to the respondents (W). Upon expiry of W's leases K offered to grant new leases at rack-rent instead of ground rent. W rejected these offers and K brought possession proceedings against them. W argued that the bungalow on their respective plots was their property and did not form part of the freehold title. The original judge dismissed the possesion claims of K but also rejected W's claims of ownership of the bungalows. K appealed and this was allowed. It was decided that a landlord's long standing practice of renewing leases at a ground rent could not in itself justify an expectation on the tenant that this practice should continue. Full judgement available on Court Service website http://www.courtservice.gov.uk/View.do?id=1306&searchTerm=Keelwalk&ascending=false&index=0&maxIndex=0