header-logo header-logo

What a charade

01 March 2012
Issue: 7503 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Jonathan Upton considers how the court distinguishes a sham agreement

In Brumwell v Powys CC [2011] EWCA Civ 1613 the Court of Appeal considered the overlapping issues of sham agreements and management agreements in proceedings for the grant of a new tenancy under Pt II of the Landlord and Tenant Act 1954 (the 1954 Act). These issues arise with surprising frequency in the 1954 Act renewal cases, and practitioners must be aware of them in order to properly advise their clients.

Brumwell

The appellant (B) issued proceedings under the 1954 Act for the grant of a new tenancy of the Wyeside Camping and Caravan Park, Llangurig Road, Rhayader, Powys (the park). The park has been used as a site for touring and static caravans and as a camping ground since the 1960s. This business was carried on initially by the Radnorshire District Council and then, following local government reorganisation in 1996, by its successor, Powys County Council (the council). B first came to the park in 1995 to perform cleaning and caretaking duties.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll