Bacchiocchi v Academic Agency Ltd
Bacchiocchi v Academic Agency Ltd
- 1998
- All England Law Reports (1998) 2 All ER, 241-256(17) .
CA 20 February 1998. B closed down and vacated premises twelve days before expiry of lease, due to ill advice from solicitors. An agreement between parties had been made under Landlord and Tenant Act 1954 s37 to pay compensation for disturbance, but only if the tenant occupied premises `for the whole of the five years immediately preceding` the expiry date of the lease under s38; otherwise the agreement would be void. B appealed when application for compensation under s37 was dismissed. Whether agreement void under s38. Appeal allowed.
BACCHIOCCHI V ACADEMIC AGENCY LTD
BUSINESS PREMISES
COMPENSATION
DISTURBANCE
EXPIRY
LANDLORD AND TENANT ACT 1954 S37
LANDLORD AND TENANT ACT 1954 S38
LEASES
RESTAURANT
CA 20 February 1998. B closed down and vacated premises twelve days before expiry of lease, due to ill advice from solicitors. An agreement between parties had been made under Landlord and Tenant Act 1954 s37 to pay compensation for disturbance, but only if the tenant occupied premises `for the whole of the five years immediately preceding` the expiry date of the lease under s38; otherwise the agreement would be void. B appealed when application for compensation under s37 was dismissed. Whether agreement void under s38. Appeal allowed.
BACCHIOCCHI V ACADEMIC AGENCY LTD
BUSINESS PREMISES
COMPENSATION
DISTURBANCE
EXPIRY
LANDLORD AND TENANT ACT 1954 S37
LANDLORD AND TENANT ACT 1954 S38
LEASES
RESTAURANT