Smith and Others v Draper
Language: English Series: Estates Gazette ; (1990) 27 EG 69-72(3)Publication details: 1990Subject(s): Summary: CA 19 January 1990. Appeal by the tenant (D) from a decision against a possession order terminating the tenancy of an hotel . The landlord `s (S) Landlord and Tenant Act 1954 s25 notice was declared invalid and a second notice was served. D refused to give up the tenancy but failed to apply for the new tenancy within the statutory time limit . The question was whether D or S were estopped from taking steps in their interests. As D had not responded to the second notice S were entitled to an order for possession. CA upheld the CC decision that the landlords were entitled to possession although the appeal judge admitted the decision was harsh and regrettable. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS43077 (Browse shelf(Opens below)) | 1 | Available | 40331-1001 |
CA 19 January 1990. Appeal by the tenant (D) from a decision against a possession order terminating the tenancy of an hotel . The landlord `s (S) Landlord and Tenant Act 1954 s25 notice was declared invalid and a second notice was served. D refused to give up the tenancy but failed to apply for the new tenancy within the statutory time limit . The question was whether D or S were estopped from taking steps in their interests. As D had not responded to the second notice S were entitled to an order for possession. CA upheld the CC decision that the landlords were entitled to possession although the appeal judge admitted the decision was harsh and regrettable. Appeal dismissed.