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Hill and another v Griffin and Others

Language: English Series: Estates Gazette ; 282(6328) 4 April 1987, 85-87(3)Publication details: 1987Subject(s): Summary: CA 20 October 1986. An appeal from a CC decision refusing possession and other relief to the subtenant of the basement of a property in London W14 holding a business tenancy protected under the Landlord and Tenant Act 1954 Part II . Normal procedure is that when a lease is forfeited any subtenancy is also destroyed. As this was a business subtenancy, the issue was whether relief against forfeiture should be granted to the subtenant and on what terms. The superior tenancy had come to an end prior to the CC hearing but there was jurisdiction to grant a monthly tenancy by way of relief to the business subtenant, in accordance with the Law of Property Act 1925 s146 (4) . The CC judge refused relief to the subtenant as the latter was not prepared to enter into repairing obligations under the forfeited lease. It was submitted by the appellant that the judge had erred and should have been prepared to grant a new tenancy to the subtenant on less onerous terms. CA held there were insufficient
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS37615 (Browse shelf(Opens below)) 1 Available 5590-1001

CA 20 October 1986. An appeal from a CC decision refusing possession and other relief to the subtenant of the basement of a property in London W14 holding a business tenancy protected under the Landlord and Tenant Act 1954 Part II . Normal procedure is that when a lease is forfeited any subtenancy is also destroyed. As this was a business subtenancy, the issue was whether relief against forfeiture should be granted to the subtenant and on what terms. The superior tenancy had come to an end prior to the CC hearing but there was jurisdiction to grant a monthly tenancy by way of relief to the business subtenant, in accordance with the Law of Property Act 1925 s146 (4) . The CC judge refused relief to the subtenant as the latter was not prepared to enter into repairing obligations under the forfeited lease. It was submitted by the appellant that the judge had erred and should have been prepared to grant a new tenancy to the subtenant on less onerous terms. CA held there were insufficient