Kaye v Massbetter Ltd and another
Kaye v Massbetter Ltd and another
- 1991
- Estates Gazette (1991) 39 EG 129-132(3) .
CA 5 December 1990. The premises were a flat in London Docklands. The landlord, K, wished to rent it out and showed X round with a view to this. K wished to let to a company rather than an individual. X did not have a company so K suggested buying one. X was a discharged bankrupt so two of his friends bought the company, M, for his benefit. X signed the tenancy agreement on behalf of the landlord and there is only one signature. In 1989 it was agreed there should be an extension on a monthly basis. In September 1989 notice to quit was served on M and in November possession proceedings began. X claimed that the letting to the company was a sham and that in reality the flat had been let to him and even if the original letting had been to the company the extension had been to him personally. The court held this not to be the case; it had been clear that K had only been prepared to let to a company and was therefore doing so in good faith. X appealed. This was dismissed on the grounds th
CASE LAW
COMPANY LETS
FLATS
RENT ACTS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
CA 5 December 1990. The premises were a flat in London Docklands. The landlord, K, wished to rent it out and showed X round with a view to this. K wished to let to a company rather than an individual. X did not have a company so K suggested buying one. X was a discharged bankrupt so two of his friends bought the company, M, for his benefit. X signed the tenancy agreement on behalf of the landlord and there is only one signature. In 1989 it was agreed there should be an extension on a monthly basis. In September 1989 notice to quit was served on M and in November possession proceedings began. X claimed that the letting to the company was a sham and that in reality the flat had been let to him and even if the original letting had been to the company the extension had been to him personally. The court held this not to be the case; it had been clear that K had only been prepared to let to a company and was therefore doing so in good faith. X appealed. This was dismissed on the grounds th
CASE LAW
COMPANY LETS
FLATS
RENT ACTS
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES