Herbert Duncan Ltd V Cluttons
Herbert Duncan Ltd V Cluttons
- 1992
- Estates Gazette (1992) 22 EG 110-116(4) .
QBD 20 December 1991. The plaintiff C was the leasehold owner of premises. By an underlease they demised the premises to the defendant H for a period of five years at a rent of £70,000pa. In 1988 H assigned the residue of the term of the lease to a third party. In July 1989 C served on the assignee a notice under Landlord and Tenant Act 1954 s25 terminating the lease. H gave notice that they were not willling to give up the tenancy and applied to HC for a new tenancy under Part II of the Act. H however later discountinued this action and his occupation of the premises ended in February 1991. It was agreed on an interim rent of £200,000pa from 25 March 1990 for as long as the lease continued. The asssignee paid £60,794 towards this rent before going into receivership leaving a balance of £113,452. H claimed this sum from C as the tenant. The court therefore had to decide whether C as the original tenant is liable to pay the balance of the interim rent. It is held that C should pay thi
ASSIGNMENT OF LEASES
BUSINESS TENANCIES
Insolvency
INTERIM RENT
LANDLORD AND TENANT ACT 1954 PART II
LANDLORD AND TENANT ACT 1954 S25
TERMINATION OF LEASE
QBD 20 December 1991. The plaintiff C was the leasehold owner of premises. By an underlease they demised the premises to the defendant H for a period of five years at a rent of £70,000pa. In 1988 H assigned the residue of the term of the lease to a third party. In July 1989 C served on the assignee a notice under Landlord and Tenant Act 1954 s25 terminating the lease. H gave notice that they were not willling to give up the tenancy and applied to HC for a new tenancy under Part II of the Act. H however later discountinued this action and his occupation of the premises ended in February 1991. It was agreed on an interim rent of £200,000pa from 25 March 1990 for as long as the lease continued. The asssignee paid £60,794 towards this rent before going into receivership leaving a balance of £113,452. H claimed this sum from C as the tenant. The court therefore had to decide whether C as the original tenant is liable to pay the balance of the interim rent. It is held that C should pay thi
ASSIGNMENT OF LEASES
BUSINESS TENANCIES
Insolvency
INTERIM RENT
LANDLORD AND TENANT ACT 1954 PART II
LANDLORD AND TENANT ACT 1954 S25
TERMINATION OF LEASE