Hurstfell Ltd v Leicester Square Property Co Ltd
Hurstfell Ltd v Leicester Square Property Co Ltd
- 1988
- Estates Gazette (8837) 17 September 1988, 109-110(2) .
CA 16 May 1988. An appeal by the landlord company (L) from a decision in the county court whereby the judge granted a new tenancy to the tenant company (H) despite their continuous delay s in paying rent . In the county court, the judge was satisfied with explanations given by H as to why payments were late, and that there would not be a recurrence in the situation if a new lease was granted. L appealed. L submitted that the judge had erred in his findings, but in the CA the L`s appeal was dismissed; the judge considered it was "eminently a question for decision by the judge as the fact-finding tribunal". It was not possible to say that there was not the evidence on which the judge was entitled to conclude as he did. Appeal dismissed.
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1954 S30 1 B
CA 16 May 1988. An appeal by the landlord company (L) from a decision in the county court whereby the judge granted a new tenancy to the tenant company (H) despite their continuous delay s in paying rent . In the county court, the judge was satisfied with explanations given by H as to why payments were late, and that there would not be a recurrence in the situation if a new lease was granted. L appealed. L submitted that the judge had erred in his findings, but in the CA the L`s appeal was dismissed; the judge considered it was "eminently a question for decision by the judge as the fact-finding tribunal". It was not possible to say that there was not the evidence on which the judge was entitled to conclude as he did. Appeal dismissed.
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1954 S30 1 B