Montross Associated Investments SA v Moussaieff
Montross Associated Investments SA v Moussaieff
- 1992
- Property and Compensation Reports (1992) 63 PCR 31-37(8) .
CA 27 June 1991. The defendants M carried on business as a jewellery shop in the foyer of the Hilton Hotel. Leases of two premises in Park Lane were assigned to them and negotiations resulted in a single lease. By a clause in that lease M covenanted not to use the premises for certain purposes and to use them for the business of high class retailers. M never occupied one of the properties and used the other for storage and administration of the jewellers. The plaintiffs alleged that this was a breach of covenant. At the first hearing it was held that there was no breach however the landlords appealed. The appeal was dismissed on the grounds that the premises were used for the business of high class retailers and the omission to use the second is not a breach as the two premises having been let as a whole should be viewed as a whole.
BREACH OF COVENANT
BUSINESS TENANCIES
JEWELLERS
RESTRICTED USE
USER COVENANTS
CA 27 June 1991. The defendants M carried on business as a jewellery shop in the foyer of the Hilton Hotel. Leases of two premises in Park Lane were assigned to them and negotiations resulted in a single lease. By a clause in that lease M covenanted not to use the premises for certain purposes and to use them for the business of high class retailers. M never occupied one of the properties and used the other for storage and administration of the jewellers. The plaintiffs alleged that this was a breach of covenant. At the first hearing it was held that there was no breach however the landlords appealed. The appeal was dismissed on the grounds that the premises were used for the business of high class retailers and the omission to use the second is not a breach as the two premises having been let as a whole should be viewed as a whole.
BREACH OF COVENANT
BUSINESS TENANCIES
JEWELLERS
RESTRICTED USE
USER COVENANTS