Marchday v Cafe Rouge
Marchday v Cafe Rouge
- 1998
- New Property Cases (1998) NPC 61. (2) .
ChD 3 April 1998. A property company which fails to get appropriate planning consents for the use of a garden as a proposed restaurant, finds that it is in breach of its agreement for a lease, and cannot force its `tenant` to accept the lease. Behaviour by the tenant, which might on a technical reading have itself constituted a breach, is construed purposively. HEADNOTE.
LANDLORD AND TENANT
MARCHDAY V CAFE ROUGE
ChD 3 April 1998. A property company which fails to get appropriate planning consents for the use of a garden as a proposed restaurant, finds that it is in breach of its agreement for a lease, and cannot force its `tenant` to accept the lease. Behaviour by the tenant, which might on a technical reading have itself constituted a breach, is construed purposively. HEADNOTE.
LANDLORD AND TENANT
MARCHDAY V CAFE ROUGE