Tomkins v Basildon District Council [2002] EWCA Civ 876 (24 June 2002)

Tomkins v Basildon District Council [2002] EWCA Civ 876 (24 June 2002)

There was no evidence of a surrender and regrant or a contractual variation sufficient to convert the lease into a secure residential tenancy or to bring it within s.11 of the Landlord and Tenant Act 1985; the lease remained a 20-year lease with only a non-enforcement of the business user clause.

Citation
[2002] EWCA Civ 876
Parties
Appellant: Tomkins; Respondent: Basildon District Council
Jurisdiction
England and Wales
Judgment Date
24 June 2002
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From County Court
Outcome
Appeal dismissed, cross-appeal allowed
Legal Topics
Secure Tenancy, Variation of Lease, Surrender and Regrant, Repairing Obligations, Business to Residential Conversion
Landlord and Tenant Housing Law Contract Law Secure Tenancy Variation of Lease Surrender and Regrant Repairing Obligations Business to Residential Conversion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tomkins

Appellant

Basildon District Council

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal and Cross Appeal From County Court

Legal Issues

  1. 1 Whether the lease was varied to create a secure tenancy under the Housing Act 1985
  2. 2 Whether the appellant was entitled to repairing obligations under s.11 of the Landlord and Tenant Act 1985
  3. 3 Whether there was a surrender and regrant of the lease

Ratio Decidendi

There was no evidence of a surrender and regrant or a contractual variation sufficient to convert the lease into a secure residential tenancy or to bring it within s.11 of the Landlord and Tenant Act 1985; the lease remained a 20-year lease with only a non-enforcement of the business user clause.

Court Disposition

Appeal dismissed, cross-appeal allowed

Orders

  • Appeal by appellant dismissed
  • Cross-appeal by respondent allowed