Fischer v Toumazos
Fischer v Toumazos
- 1991
- Estates Gazette (1991) 48 EG 123-129(4) .
CA 25 June 1991. The CA overturned an earlier decision, which awarded damages in favour of the purchaser of a leasehold interest in a property, where she was unable to begin trading because the vendor of the lease was unable to obtain the landlord`s consent to assignment and change of use. The sale was not completed but the purchaser occupied the premises and did not pay rent, thereby making the property "sterile". It was held that the vendor used his best endeavours to achieve an assignment of the lease and damages should be paid by the purchaser.
BREACH OF CONTRACT
COMPLETION
POSSESSION
PROPERTY SALES
VENDOR AND PURCHASER
CA 25 June 1991. The CA overturned an earlier decision, which awarded damages in favour of the purchaser of a leasehold interest in a property, where she was unable to begin trading because the vendor of the lease was unable to obtain the landlord`s consent to assignment and change of use. The sale was not completed but the purchaser occupied the premises and did not pay rent, thereby making the property "sterile". It was held that the vendor used his best endeavours to achieve an assignment of the lease and damages should be paid by the purchaser.
BREACH OF CONTRACT
COMPLETION
POSSESSION
PROPERTY SALES
VENDOR AND PURCHASER