Flairline Properties Ltd v Hassan
Flairline Properties Ltd v Hassan
- 1999
- Rent Review and Lease Renewal (1999) RRLR 115-128(14) .
QBD 20 November 1998. Defendant tenant (H) had two business tenancy leases on a property used as a kosher restaurant which expired in March 1997. H requested two new business tenancies, however this was opposed by the landlord (F) because of the intention to demolish. H applied to the County Court for a new tenancy, however F subsequently issued a High Court writ seeking possession on the grounds that H had not occupied the premises since April 1995 when they had been damaged by fire. The County Court proceedings were stayed pending the outcome of the High Court proceedings. The issue in the High Court proceeding was whether H was in occupation of the premises within the meaning of the Landlord and Tenant Act 1954 S23(1) when the leases expired. "Held" H was found to have occupied the premises on the contractual term date within the meaning of the 1954 Act S23(1).
QBD 20 November 1998. Defendant tenant (H) had two business tenancy leases on a property used as a kosher restaurant which expired in March 1997. H requested two new business tenancies, however this was opposed by the landlord (F) because of the intention to demolish. H applied to the County Court for a new tenancy, however F subsequently issued a High Court writ seeking possession on the grounds that H had not occupied the premises since April 1995 when they had been damaged by fire. The County Court proceedings were stayed pending the outcome of the High Court proceedings. The issue in the High Court proceeding was whether H was in occupation of the premises within the meaning of the Landlord and Tenant Act 1954 S23(1) when the leases expired. "Held" H was found to have occupied the premises on the contractual term date within the meaning of the 1954 Act S23(1).