Methodist Secondary Schools Trust Deed Trustees v O`Leary
Methodist Secondary Schools Trust Deed Trustees v O`Leary
- 1993
- Estates Gazette (1993) 16 EG 119-124(5) .
CA 24 November 1992. Concerned a dwelling-house let to school trustees and occupied by a school caretaker. The tenants covenanted "to use the demised premises for the purposes of a private residence in single occupation only". The landlord gave notice to the trustees under the Landlord and Tenant Act 1954 s25 terminating the tenancy. A counternotice was served under s29 of that Act, stating they were unwilling to give up possession, and applied to the county court for the grant of a new tenancy under Part II of the Act. At the trial of a preliminary issue, the judge found that the tenancy was not one to which Part II of the 1954 Act applied. He dismissed the trustees` application for a new tenancy. The trustees appealed on the grounds that there had been no breach of the lease. Held, dismissing the appeal, the trustees were in breach of the covenant to use the demised premises for the purpose of a private residence in single occupation only.
ACQUIESCENCE
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1954
CA 24 November 1992. Concerned a dwelling-house let to school trustees and occupied by a school caretaker. The tenants covenanted "to use the demised premises for the purposes of a private residence in single occupation only". The landlord gave notice to the trustees under the Landlord and Tenant Act 1954 s25 terminating the tenancy. A counternotice was served under s29 of that Act, stating they were unwilling to give up possession, and applied to the county court for the grant of a new tenancy under Part II of the Act. At the trial of a preliminary issue, the judge found that the tenancy was not one to which Part II of the 1954 Act applied. He dismissed the trustees` application for a new tenancy. The trustees appealed on the grounds that there had been no breach of the lease. Held, dismissing the appeal, the trustees were in breach of the covenant to use the demised premises for the purpose of a private residence in single occupation only.
ACQUIESCENCE
BUSINESS TENANCIES
LANDLORD AND TENANT ACT 1954