Hogarth Health Club Ltd & another v Westbourne Investments Ltd and another
Hogarth Health Club Ltd & another v Westbourne Investments Ltd and another
- 1990
- Estates Gazette (1990) 02 EG 69 .
CA 30 June 1989. Appeal by (WI), later to become Metropolitan and City Properties Ltd . The case concerned improvements to business premises under Landlord and Tenant Act 1927 part 1 , provisions for compensation at the end of the tenancy for improvements carried out by the tenant. (H)`s notice of intention, and WI`s notice of obligation, originating application for a certificate all took place in 1979. The case proceeded slowly and the improvements were completed in 1981. There was little significant legal progress until 1988. The County Court acceded to an application by WI and struck out the original application from H on the grounds of inordinate and inexcusable delay . H appealed and the Recorder allowed the appeal. WI appealed. The question for the CA was whether an application for a certificate under the Landlord and Tenant Act 1927 s3 could be heard and determined after the improvements had been completed. The result was that the originating application was struck out, overtu
CA 30 June 1989. Appeal by (WI), later to become Metropolitan and City Properties Ltd . The case concerned improvements to business premises under Landlord and Tenant Act 1927 part 1 , provisions for compensation at the end of the tenancy for improvements carried out by the tenant. (H)`s notice of intention, and WI`s notice of obligation, originating application for a certificate all took place in 1979. The case proceeded slowly and the improvements were completed in 1981. There was little significant legal progress until 1988. The County Court acceded to an application by WI and struck out the original application from H on the grounds of inordinate and inexcusable delay . H appealed and the Recorder allowed the appeal. WI appealed. The question for the CA was whether an application for a certificate under the Landlord and Tenant Act 1927 s3 could be heard and determined after the improvements had been completed. The result was that the originating application was struck out, overtu