Write a case note on Liverpool City Council v Irwin [1977] AC 239. The appeal at the House of Lords came up on, February 16th, 17th, 18th and on the 31st of March 1977. Liverpool City council had brought an action against the defendants, Leslie and Maureen Irwin who were tenants in a 15-story block, owned by the plaintiff. It was located on Hai Heights, in the district of Everton, Liverpool. The defendants occupied a maisonette on the 9th and 10th floors of the building. The contract of tenancy had been a form, which basically were conditions of tenancy that set out obligations of the tenants and none of the landlord. The form did not contain the signature of the Landlord, only the tenants signed, Therefore this can be referred to as an …show more content…
In this case the court found that a visitor to the demised property could sue the landlord for failing to maintain common parts particularly the stairs. The plaintiff’s visitor was injured due to the lack of maintenance of the stairs, hence his action. The court held that the defendant was responsible to maintain the staircase so far as necessary for reasonable enjoyment of the demised property, though overruled now this case is still cited for it’s common purpose. The court in Liverpool City Council V Irwin similarly granted in favor of the tenant and relying on the site inspection they had done, granted all the tenants counter claims. On appeal to the court of appeal the majority of the judges found on careful examination of case law and from the facts of the case the defendant cannot be held obligated to repair and maintain common parts by an implication from the court where such term was not expressly imputed into the tenancy agreement as it is not necessary to do this to give business efficacy to the contract and would be too burdensome to the landlord to do so. The landlord was also found not in breach of section 32(1) of the housing act. Lord Denning gave a significant dissenting judgment with regard to the common parts, he was of the opinion that, landlords must be held liable to maintain and repair common parts. He felt that a duty of care was
The Association alleged in its lawsuit that certain elements of the property were not constructed in a good and workmanlike manner including 1) failure to properly install and flash windows and other exterior penetrations; 2) properly caulk the exterior penetrations; 3) failure to properly install the weather resistive barrier; 4) failure to properly to install the stucco exterior; 5) failure to properly install the EIFS exterior and 6) failure to install brick exterior.
The hearing was commenced on Tuesday, 7 October 2014 at the Land and Environment Court 3A, Windeyer Chambers 225 Macquarie Street, Sydney. It was led by Commissioner Dixon.
The Council commenced proceedings in the Land and Environment Court, however they were dismissed by Lloyd J on February16 2005 for want of prosecution [5].
The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”).
Case Comment: John Michael Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) 2017 WL 01339062
This case is about property lease which took place between two parties named Jacek Gnych, Anor (Appellants) and The Polish Club Limited (Respondent).The Respondent holds a club liquor licence under the Liquor Act 2007 (NSW). However,In 2012, the respondent leased part of its licensed premises to the appellants for the running of a restaurant which breached Section 92(1) (d) of the Liquor Act. The appellants started their business on March 2012 after renovating the existing facilities. Later on respondent negotiated with the Appellants about proposed lease and licence but documents that had been drafted were never finalised and signed. As the relationship between parties deteriorated
Scott Baker J had previously awarded £1.3 million to St Albans. The Court of Appeal upheld the judgement against International Computers Ltd however reduced the damages by £484,000 as this was
I, Nathanael Webbe Ferguson of 1 Eleanor Close am an ex-tenant of 4 Hobart Croft and was a cohabiting housemate of Mr Joseph Lasore [the defendant of this claim].
The second argument will be delivered by Beatrice where her account of the occurrences will be reviewed, along with possible claims and remedies available to her. Crucial acts which may be of great use to Beatrice will also be referenced, in order to strengthen her case against the defendant Macgregor hotel.
Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
On the contrary, in Bruton court’s understanding of “exclusive possession” was a relative concept. Exclusive possession granted to Mr. Bruton was found based on the fact that he was not required to “share possession with the trust, the Council or anyone else”[13] and “the trust did not retain such control”[14]. Whether the grantor possesses title or not was held to be irrelevant. Nevertheless, since LQHT in fact could not exclude the true owner (i.e. the Council) from taking possession, the exclusive possession enjoyed by the “tenant” would be “only as against the grantor and not the rest of the world”[15] and practically dependent on the contractual relationship. This has received support from later cases applying Bruton. In Islington LBC v Green[16]with similar facts to Bruton, the tenant raised an argument that the
The impact of Williams v Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the doctrine of consideration.
WHEREAS, in the Suit, Plaintiffs seek to recover certain claimed losses and damages alleged to have arisen out of the Plaintiffs’ occupation of a rental apartment unit owned by Defendant (hereinafter, “the Event”);
In the West London County Court proceeding were brought by Ghaidan. Judge Cowell granted a declaration that Godin-Mendoza did not succeed to the tenancy of the flat as the surviving spouse, but became entitled to an assured tenancy of the flat by succession as a member of the original tenant’s family.
I am asked by the owner of The Friday Shop and the owners of the apartments (Claimants) to write an opinion to establish if they are able to claim for damages from Boutique Bugs (Defendant) for the amount of $1,100,000 based on the elements of the rule in Rylands v Fletcher.