Ward-Lee v Linehan
Ward-Lee v Linehan
- 1993
- All England Law Reports (1993) 2 All ER 1006-1015(10) .
CA 9 February 1993. W, having checked with the landlord, applied for renewal of her tenancy. However, the CC failed to serve the application on L who, once the time limit was reached, wrote to W announcing that the right to renew was void. W`s application to apply out of time was opposed as the landlord`s circumstances had changed. W lost the initial case to avoid prejudicing L`s position, but pressed for an appeal. The judge ruled that the lower court could have exercised discretion, though sparingly, as W had taken the correct steps in time and the fault for delay lay with the CC, W`s application should be upheld.
BUSINESS TENANCIES
CCR ORD 13 R 4
CCR ORD 43 R 6(3)
CCR ORD 7 R 20
EXTENSION OF TIME
NEW TENANCY
TIME LIMITS
CA 9 February 1993. W, having checked with the landlord, applied for renewal of her tenancy. However, the CC failed to serve the application on L who, once the time limit was reached, wrote to W announcing that the right to renew was void. W`s application to apply out of time was opposed as the landlord`s circumstances had changed. W lost the initial case to avoid prejudicing L`s position, but pressed for an appeal. The judge ruled that the lower court could have exercised discretion, though sparingly, as W had taken the correct steps in time and the fault for delay lay with the CC, W`s application should be upheld.
BUSINESS TENANCIES
CCR ORD 13 R 4
CCR ORD 43 R 6(3)
CCR ORD 7 R 20
EXTENSION OF TIME
NEW TENANCY
TIME LIMITS