Parc Battersea Ltd and another v Hutchinson
Parc Battersea Ltd and another v Hutchinson
- 1999
- Estates Gazette Law Reports (1999) 22 EG 149-154(6) .
ChD 18 March 1999. The plaintiffs (P) were freeholders of a property which they leased to M Ltd for a term expiring on 31 March 1998. The lease was excluded from the operation of the Landlord and Tenant Act 1954 ss24-28. The defendant (H) went into occupation of part of the land under and oral agreement, paying monthly rent. On the expiry of M Ltd's lease, H claimed a tenancy including a term that M Ltd would not serve notice to quit expiring before 31 March 1999. P commenced proceedings for possession, and argued that the grant of the tenancy took effect in law as an assignment to the defendant of the balance of L Ltd's lease (in relation to that part of the premises to which it related) and that he did not have a tenancy protected by the 1954 Act. "Held" judgement given for plaintiffs.
ASSIGNMENT
SUB-TENANCY
ORAL AGREEMENT
ChD 18 March 1999. The plaintiffs (P) were freeholders of a property which they leased to M Ltd for a term expiring on 31 March 1998. The lease was excluded from the operation of the Landlord and Tenant Act 1954 ss24-28. The defendant (H) went into occupation of part of the land under and oral agreement, paying monthly rent. On the expiry of M Ltd's lease, H claimed a tenancy including a term that M Ltd would not serve notice to quit expiring before 31 March 1999. P commenced proceedings for possession, and argued that the grant of the tenancy took effect in law as an assignment to the defendant of the balance of L Ltd's lease (in relation to that part of the premises to which it related) and that he did not have a tenancy protected by the 1954 Act. "Held" judgement given for plaintiffs.
ASSIGNMENT
SUB-TENANCY
ORAL AGREEMENT