Gibbs Mew plc v Gemmell, Gibbs Mew plc and another v Gemmell
Gibbs Mew plc v Gemmell, Gibbs Mew plc and another v Gemmell
- 1999
- Estates Gazette Law Reports [1999] 01 EG 117-125(9) .
CA 22 July 1998. In 1994, the second plaintiff granted the appellant tenant (G) and his partner a tenancy of a pub, subject to a beer tie and a restriction on the sourcing of amusement machines, in order to obtain block exemption from Article 85 of the Treaty of Rome. In 1995 the first plaintiff (GM) acquired the reversion to the pub and on the expiration of the tenancy granted G a tenancy at will which included the same purchase obligations. Following G`s failure to pay rent, GM terminated the tenancy at will and in 1996 commenced the first action seeking possession and arrears of rent. The second action was begun as an alternative to the first, claiming possession and forfeiture on the grounds of non-payment of rent and breach of covenant. "Held" appeals dismissed, in the first action because Landlord and Tenant Act 1954 S38(1) had no application, and in the second action because Article 85 had no application to the beer tie.
BEER TIES
COVENANTS
GIBBS MEW PLC AND ANOTHER V GEMMELL
GIBBS MEW PLC V GEMMELL
LANDLORD AND TENANT ACT 1954
RENT DEFAULT
TENANCY AT WILL
CA 22 July 1998. In 1994, the second plaintiff granted the appellant tenant (G) and his partner a tenancy of a pub, subject to a beer tie and a restriction on the sourcing of amusement machines, in order to obtain block exemption from Article 85 of the Treaty of Rome. In 1995 the first plaintiff (GM) acquired the reversion to the pub and on the expiration of the tenancy granted G a tenancy at will which included the same purchase obligations. Following G`s failure to pay rent, GM terminated the tenancy at will and in 1996 commenced the first action seeking possession and arrears of rent. The second action was begun as an alternative to the first, claiming possession and forfeiture on the grounds of non-payment of rent and breach of covenant. "Held" appeals dismissed, in the first action because Landlord and Tenant Act 1954 S38(1) had no application, and in the second action because Article 85 had no application to the beer tie.
BEER TIES
COVENANTS
GIBBS MEW PLC AND ANOTHER V GEMMELL
GIBBS MEW PLC V GEMMELL
LANDLORD AND TENANT ACT 1954
RENT DEFAULT
TENANCY AT WILL