Smith and Others v Draper
Smith and Others v Draper
- 1990
- Estates Gazette (1990) 27 EG 69-72(3) .
CA 19 January 1990. Appeal by the tenant (D) from a decision against a possession order terminating the tenancy of an hotel . The landlord `s (S) Landlord and Tenant Act 1954 s25 notice was declared invalid and a second notice was served. D refused to give up the tenancy but failed to apply for the new tenancy within the statutory time limit . The question was whether D or S were estopped from taking steps in their interests. As D had not responded to the second notice S were entitled to an order for possession. CA upheld the CC decision that the landlords were entitled to possession although the appeal judge admitted the decision was harsh and regrettable. Appeal dismissed.
BUSINESS TENANCIES
CASE LAW
MORROW V NADEEM
PEARSON V ALYO
TERMINATION
CA 19 January 1990. Appeal by the tenant (D) from a decision against a possession order terminating the tenancy of an hotel . The landlord `s (S) Landlord and Tenant Act 1954 s25 notice was declared invalid and a second notice was served. D refused to give up the tenancy but failed to apply for the new tenancy within the statutory time limit . The question was whether D or S were estopped from taking steps in their interests. As D had not responded to the second notice S were entitled to an order for possession. CA upheld the CC decision that the landlords were entitled to possession although the appeal judge admitted the decision was harsh and regrettable. Appeal dismissed.
BUSINESS TENANCIES
CASE LAW
MORROW V NADEEM
PEARSON V ALYO
TERMINATION