Keelwalk Properties Ltd v Waller and another
Keelwalk Properties Ltd v Waller and another
- 2002
- Estates Gazette [2002] 33 EG 95(1) Estates Gazette [2002] 48 EG 142-148(7) Court of Appeal (Civil Division) 2002] EWCA Civ 1076 .
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
KEELWALK PROPERTIES LTD V WALLER
LEASE RENEWAL
TENANT DEVELOPMENT
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
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
KEELWALK PROPERTIES LTD V WALLER
LEASE RENEWAL
TENANT DEVELOPMENT
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS