Bankway Properties Ltd v Penfold-Dunsford and another
Bankway Properties Ltd v Penfold-Dunsford and another
- 2001
- Estates Gazette [2001] 26 EG 164-173(10) .
CA 10 April 2001. In February 1994 the defendant tenants (P) were granted an assured tenancy as expressed in written agreement, which contained clause 8(b)(iii) stating rent to be £25,000 from February 1996. When P fell into arrears, the claimant landlord (B) issued proceedings for possession, which was granted. P appealed claiming clause 8(b)(iii) was not a valid provision to increase the rent, but was incorporated to enable the B to gain possession under the Housing Act 1988. "Held": The appeal was allowed on the grounds that the review clause was an unlawful contracting out of the Act and therefore had to be ignored.
HOUSING ACT 1988
ASSURED TENANCIES
BANKWAY PROPERTIES LTD V DUNSFORD AND ANOTHER
BANKWAY PROPERTIES LTD V PENFOLD-DUNSFORD
CONTRACTING OUT
RENT REVIEW CLAUSES
CA 10 April 2001. In February 1994 the defendant tenants (P) were granted an assured tenancy as expressed in written agreement, which contained clause 8(b)(iii) stating rent to be £25,000 from February 1996. When P fell into arrears, the claimant landlord (B) issued proceedings for possession, which was granted. P appealed claiming clause 8(b)(iii) was not a valid provision to increase the rent, but was incorporated to enable the B to gain possession under the Housing Act 1988. "Held": The appeal was allowed on the grounds that the review clause was an unlawful contracting out of the Act and therefore had to be ignored.
HOUSING ACT 1988
ASSURED TENANCIES
BANKWAY PROPERTIES LTD V DUNSFORD AND ANOTHER
BANKWAY PROPERTIES LTD V PENFOLD-DUNSFORD
CONTRACTING OUT
RENT REVIEW CLAUSES