Stretch v West Dorset DC
Stretch v West Dorset DC
- 1998
- Estates Gazette [1998] 48 EG 183-186(6) .
CA 11 November 1998. S took out an originating summons seeking declarations against W stating that he was entitled to and had validly exercised his option to the grant of a further term of 21 years and an order of specific performance or damages in lieu. The defendants W resisted S`s claims on two points (1) the option was ultra vires (2) assignment of interest. "Held": the power to let did not include the power to grant an option. And as a result of S assigning his interest in five of the subleases for terms that exceeded the original lease, the option ceased to be excisable at all. Appeal dismissed.
APPROPRIATION OF LAND
ASSIGNMENT OF INTEREST
OPTION TO RENEW
STRETCH V UNITED KINGDOM
ULTRA VIRES
CA 11 November 1998. S took out an originating summons seeking declarations against W stating that he was entitled to and had validly exercised his option to the grant of a further term of 21 years and an order of specific performance or damages in lieu. The defendants W resisted S`s claims on two points (1) the option was ultra vires (2) assignment of interest. "Held": the power to let did not include the power to grant an option. And as a result of S assigning his interest in five of the subleases for terms that exceeded the original lease, the option ceased to be excisable at all. Appeal dismissed.
APPROPRIATION OF LAND
ASSIGNMENT OF INTEREST
OPTION TO RENEW
STRETCH V UNITED KINGDOM
ULTRA VIRES