R v Gravesend CC, ex parte Patchet
R v Gravesend CC, ex parte Patchet
- 1993
- Estates Gazette (1993) 26 EG 125-127(3) .
QBD 17 June 1992. P, a business tenant, applied for a new tenancy and the landlord sought determination of an interim rent at Gravesend County Court. That application was not attended to and no notice given to P, who, however, subsequently discontinued proceedings for the new tenancy. At that point it transpired that the interim rent application had not been served and so the landlord requested it be backdated. This the court did, thus prompting P`s application for judicial review of the decision. It was held that the court had no power to determine retrospectively, and therefore the backdated application was quashed.
BUSINESS TENANCIES
INTERIM RENT
JUDICIAL REVIEW
LANDLORD AND TENANT ACT 1954 S24A
NEW TENANCY
RETROSPECTIVE DETERMINATION
TIME LIMITS
QBD 17 June 1992. P, a business tenant, applied for a new tenancy and the landlord sought determination of an interim rent at Gravesend County Court. That application was not attended to and no notice given to P, who, however, subsequently discontinued proceedings for the new tenancy. At that point it transpired that the interim rent application had not been served and so the landlord requested it be backdated. This the court did, thus prompting P`s application for judicial review of the decision. It was held that the court had no power to determine retrospectively, and therefore the backdated application was quashed.
BUSINESS TENANCIES
INTERIM RENT
JUDICIAL REVIEW
LANDLORD AND TENANT ACT 1954 S24A
NEW TENANCY
RETROSPECTIVE DETERMINATION
TIME LIMITS