Grosvenor Estate Belgravia v Cochran
Grosvenor Estate Belgravia v Cochran
- 1991
- Estates Gazette 1991 44 EG 169-173(4) .
CA 3 May 1991. Appeal by tenant Cochran (C) against a possession order granted to landlord G. A subtenancy of a basement flat had been granted to C for a term longer than the residue of the headlease. C argued that the agreement granting the subtenancy operated as an assignment of the residue of head tenancy in respect of the flat and that the assigned tenancy came to an end on the term date of the headlease and therefore she had acquired a long tenancy protected by the Landlord and Tenant Act Part I. CA dismissed C`s arguments on the grounds that C`s tenancy failed to fulfil the qualifying condition of being let as a separate dwelling. CA noted that C had been badly advised. C had no security of tenure and no means of recouping capital expenditure of £35,000 spent on the flat. Appeal dismissed.
LANDLORD AND TENANT ACT 1954 PART I
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SECURITY OF TENURE
SEPARATE DWELLING
SUBTENANCIES
CA 3 May 1991. Appeal by tenant Cochran (C) against a possession order granted to landlord G. A subtenancy of a basement flat had been granted to C for a term longer than the residue of the headlease. C argued that the agreement granting the subtenancy operated as an assignment of the residue of head tenancy in respect of the flat and that the assigned tenancy came to an end on the term date of the headlease and therefore she had acquired a long tenancy protected by the Landlord and Tenant Act Part I. CA dismissed C`s arguments on the grounds that C`s tenancy failed to fulfil the qualifying condition of being let as a separate dwelling. CA noted that C had been badly advised. C had no security of tenure and no means of recouping capital expenditure of £35,000 spent on the flat. Appeal dismissed.
LANDLORD AND TENANT ACT 1954 PART I
PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES
SECURITY OF TENURE
SEPARATE DWELLING
SUBTENANCIES