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Capital City Holdings Ltd v Dean Warburg Ltd

Language: English Series: Estates Gazette ; (1989) 25 EG 97-103(4)Publication details: 1989Subject(s): Summary: CA 8 December 1988. Appeal by (C) who had a leasehold interest in premises in Savile Row . By an underlease dated July 1987 C let to the defendants (D) part of the premises for four years at an annual rent of £78,500. A covenant stated that D should not part with possession of any part of the premises without C`s consent. D breached this in June 1987 by leasing to A. D got into financial difficulties and paid no rent after September 1987 and in August 1987 receivers were called in. In October a winding-up order was made. D were required to vacate the premises; A was informed of that demand. In November 1987, A & C talked by telephone agreeing that A should remain in occupation and be responsible for rents and rates. In December 1987 C served notice under Law of Property Act 1925 s146 requiring D to remedy the breach of covenant or C would exercise its right to reentry. No time period for compliance was stated. In January 1988 C served A with a writ claiming their occupation to be ...
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Law report London Journal article ABS40985 (Browse shelf(Opens below)) 1 Available 27324-1001

CA 8 December 1988. Appeal by (C) who had a leasehold interest in premises in Savile Row . By an underlease dated July 1987 C let to the defendants (D) part of the premises for four years at an annual rent of £78,500. A covenant stated that D should not part with possession of any part of the premises without C`s consent. D breached this in June 1987 by leasing to A. D got into financial difficulties and paid no rent after September 1987 and in August 1987 receivers were called in. In October a winding-up order was made. D were required to vacate the premises; A was informed of that demand. In November 1987, A & C talked by telephone agreeing that A should remain in occupation and be responsible for rents and rates. In December 1987 C served notice under Law of Property Act 1925 s146 requiring D to remedy the breach of covenant or C would exercise its right to reentry. No time period for compliance was stated. In January 1988 C served A with a writ claiming their occupation to be ...