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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll