Robert Thackrays Estates Ltd v Kaye
Robert Thackrays Estates Ltd v Kaye
- 1989
- Estates Gazette (1989) 22 EG 95 .
CA 19 November 1988. In 1962 the appellant`s (K) former husband became tenant of a flat which following divorce proceedings in 1985 transferred to K. In October 1986 the landlord (R) wished to carry out repairs . R`s agent told K that she would need to move to the adjacent flat (No 6) while work was carried out. K found No 6 more to her liking and sought a permanent transfer . R did not agree. In February 1987 K was notified work was completed and No 5 was ready for occupation. As certain alterations had not been carried out K expressed unwillingness to return unless they were completed. In July 1987 R served notice to terminate occupancy of No 5. On expiry of the notice to quit R issued an application for recovery of possession of No 5. K sought an order to permit her to return to No 6; R counterclaimed to seek possession of No 5 and No 6, damages for wrongful occupation of No 5 and rent arrears for No 6. The judge held that R should repossess No 5 and No 6 and K should pay damages
CA 19 November 1988. In 1962 the appellant`s (K) former husband became tenant of a flat which following divorce proceedings in 1985 transferred to K. In October 1986 the landlord (R) wished to carry out repairs . R`s agent told K that she would need to move to the adjacent flat (No 6) while work was carried out. K found No 6 more to her liking and sought a permanent transfer . R did not agree. In February 1987 K was notified work was completed and No 5 was ready for occupation. As certain alterations had not been carried out K expressed unwillingness to return unless they were completed. In July 1987 R served notice to terminate occupancy of No 5. On expiry of the notice to quit R issued an application for recovery of possession of No 5. K sought an order to permit her to return to No 6; R counterclaimed to seek possession of No 5 and No 6, damages for wrongful occupation of No 5 and rent arrears for No 6. The judge held that R should repossess No 5 and No 6 and K should pay damages