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Young and Others v Dalgety Plc

Language: English Series: Estates Gazette ; 281 (6319) 31 January 1987, 427-430 (3)Publication details: 1987Subject(s): Summary: An appeal by the landlords, from a decision which held that certain items light fittings and floor coverings , were tenants` fixtures which should not be taken into account for the determination of rent under a review clause. The lease was for a term of 30 years at £240,000 pa, subject to review. The fittings had been installed in pursuance of obligations binding the tenants to do so in an agreement entered into prior to execution of the lease. The effect of this was a main issue in the case, and there was much consideration of the decision in Mowats Ltd v Hudson Bros Ltd cited by the tenants; it was contended that the fact that the floor coverings and light fittings had been installed in pursuance of the tenants` contractual obligations, did not prevent them from being removeable tenants` fixtures. On appeal, it was held that the judge had reached the right conclusion, and that the landlords obtained no title to the floor coverings and light fittings. They were tenants` fixtures and
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS37317 (Browse shelf(Opens below)) 1 Available 3686-1001

An appeal by the landlords, from a decision which held that certain items light fittings and floor coverings , were tenants` fixtures which should not be taken into account for the determination of rent under a review clause. The lease was for a term of 30 years at £240,000 pa, subject to review. The fittings had been installed in pursuance of obligations binding the tenants to do so in an agreement entered into prior to execution of the lease. The effect of this was a main issue in the case, and there was much consideration of the decision in Mowats Ltd v Hudson Bros Ltd cited by the tenants; it was contended that the fact that the floor coverings and light fittings had been installed in pursuance of the tenants` contractual obligations, did not prevent them from being removeable tenants` fixtures. On appeal, it was held that the judge had reached the right conclusion, and that the landlords obtained no title to the floor coverings and light fittings. They were tenants` fixtures and