Ballard (Kent) Ltd v Oliver Ashworth (Holdings) Ltd
Ballard (Kent) Ltd v Oliver Ashworth (Holdings) Ltd
- 1998
- Estates Gazette [1998] 46 EG 190-193(4) .
ChD 8 May 1998. The defendant tenantheld a lease of industrial premises allowing the tenant to terminate the tenancy on 24 September 1996. The tenant served a break notice to terminate the tenancy on 25 September 1996. The landlord held the notice to be invalid and warned the tenant that if it continued to maintain the validity of the notice but failed to vacate, double rent would be collected under the Distress for Rent Act 1737. The tenant remained in possession and the landlord sought the contractual rent plus interest, and when it was not paid issued a writ to recover it. The tenant claimed that the tenancy was at an end and the landlord amended its claim to double rent. The tenant contended that the landlord had by its demand for contractual rent and the original claim by the writ, elected to have contractual rent only. "Held" judgement was given for the landlord.
BREAK CLAUSES
CHENY V BATTEN
CONTRACTUAL RENT
DISTRESS FOR RENT ACT 1737
DOUBLE RENT
HOLDING OVER
LANDLORD AND TENANT
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
UNITED AUSTRALIA LTD V BARCLAYS BANK LTD
VALIDITY
ChD 8 May 1998. The defendant tenantheld a lease of industrial premises allowing the tenant to terminate the tenancy on 24 September 1996. The tenant served a break notice to terminate the tenancy on 25 September 1996. The landlord held the notice to be invalid and warned the tenant that if it continued to maintain the validity of the notice but failed to vacate, double rent would be collected under the Distress for Rent Act 1737. The tenant remained in possession and the landlord sought the contractual rent plus interest, and when it was not paid issued a writ to recover it. The tenant claimed that the tenancy was at an end and the landlord amended its claim to double rent. The tenant contended that the landlord had by its demand for contractual rent and the original claim by the writ, elected to have contractual rent only. "Held" judgement was given for the landlord.
BREAK CLAUSES
CHENY V BATTEN
CONTRACTUAL RENT
DISTRESS FOR RENT ACT 1737
DOUBLE RENT
HOLDING OVER
LANDLORD AND TENANT
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
UNITED AUSTRALIA LTD V BARCLAYS BANK LTD
VALIDITY