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Charles Follett Ltd v Cabtell Investments Ltd

Language: English Series: Estates Gazette ; 283(6342) 11 July 1987, 195-199(4)Publication details: 1987Subject(s): Summary: CA 5 May 1987. Appeal by landlords (L) from a decision concerning an application by tenants (T) for a new tenancy under the Landlord and Tenant Act 1954 s24A . ChD determined the length of the term and the initial rent. There was no appeal on these points. L challenged his decision in regard to the interim rent . ChD fixed the amount which would be payable by way of interim rent as follows: the rental value under a tenancy from year to year was 80,000; having regard to the old rent, reduced this by 50%, arriving at an interim rent of 40,000. Due to an undertaking by T to pay less than that amount, he declined to make such a determination. T undertook to pay 25,000 pa for a period of 2 years 9 months and thereafter 40,000 pa until commencement of the new tenancy. L contended the judge had exercised his discretion on the wrong principles. CA held the judge had not been wrong in principle in allowing a reduction of 50% for an interim rent but had not exercised his discretion properly in
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Law report London Journal article ABS37967 (Browse shelf(Opens below)) 1 Available 7822-1001

CA 5 May 1987. Appeal by landlords (L) from a decision concerning an application by tenants (T) for a new tenancy under the Landlord and Tenant Act 1954 s24A . ChD determined the length of the term and the initial rent. There was no appeal on these points. L challenged his decision in regard to the interim rent . ChD fixed the amount which would be payable by way of interim rent as follows: the rental value under a tenancy from year to year was 80,000; having regard to the old rent, reduced this by 50%, arriving at an interim rent of 40,000. Due to an undertaking by T to pay less than that amount, he declined to make such a determination. T undertook to pay 25,000 pa for a period of 2 years 9 months and thereafter 40,000 pa until commencement of the new tenancy. L contended the judge had exercised his discretion on the wrong principles. CA held the judge had not been wrong in principle in allowing a reduction of 50% for an interim rent but had not exercised his discretion properly in