Estavest Investments Ltd v Commercial Express Travel Ltd and another
Estavest Investments Ltd v Commercial Express Travel Ltd and another
- 1988
- Estates Gazette (8849) 10 December 1988, 73-77(3) .
CA 24 September 1988. A flat occupied by the second defendant (S), was let to a company of which S was both a director and a relative of the managing director. The lease ended in 1983 and was entered into by a different company (C) of which S was the sole director. Therefore from 1977 onwards S was the sole occupier, but the tenants were limited companies with which S was associated. In August 1986 a notice to quit was served and a judgment was entered into for possession against both defendants with a money judgment against C for arrears of rent. The defence was based on the fact that the agreements were a sham to avoid the Rent Acts , however it was held by the recorder and upheld by CA that there was no evidence upon which the present leases could be held to be otherwise than genuine. The companies were genuine tenants and S was their licensee.
COMPANY LET
CA 24 September 1988. A flat occupied by the second defendant (S), was let to a company of which S was both a director and a relative of the managing director. The lease ended in 1983 and was entered into by a different company (C) of which S was the sole director. Therefore from 1977 onwards S was the sole occupier, but the tenants were limited companies with which S was associated. In August 1986 a notice to quit was served and a judgment was entered into for possession against both defendants with a money judgment against C for arrears of rent. The defence was based on the fact that the agreements were a sham to avoid the Rent Acts , however it was held by the recorder and upheld by CA that there was no evidence upon which the present leases could be held to be otherwise than genuine. The companies were genuine tenants and S was their licensee.
COMPANY LET