Plummer v Tibsco and another
Plummer v Tibsco and another
- 2002
- Estates Gazette Law Reports [2002] 12 EG 137-144(8) .
CA 31 January 2002.The respondent tenant (P) became the licensee of a public house in 1986 and took a five-year tenancy, which included an option to renew for a further five years from October 1991. In 1991 P gave notice to exercise that option. The defendants (T) declined to grant a five-year lease but offered instead a 20-year term under a standard form full repairing lease. In 1992 P was persuaded to take the 20-year lease. The agreement included a clause to surrender the five-year renewable lease. In 1996, P issued these proceedings claiming, inter alia, breach of contract, misrepresentation, and negligent misstatement. The trial judge upheld P's claim and awarded damages. The landlords appealed. "Held", the appeal was allowed.
PLUMMER V TIBSCO LTD AND ANOTHER
MISREPRESENTATION
PUBLIC HOUSES
TERMS OF LEASES
TENANCIES
RENEWABLE LEASES
SURRENDER AGREEMENTS
PRECONDITIONS
CA 31 January 2002.The respondent tenant (P) became the licensee of a public house in 1986 and took a five-year tenancy, which included an option to renew for a further five years from October 1991. In 1991 P gave notice to exercise that option. The defendants (T) declined to grant a five-year lease but offered instead a 20-year term under a standard form full repairing lease. In 1992 P was persuaded to take the 20-year lease. The agreement included a clause to surrender the five-year renewable lease. In 1996, P issued these proceedings claiming, inter alia, breach of contract, misrepresentation, and negligent misstatement. The trial judge upheld P's claim and awarded damages. The landlords appealed. "Held", the appeal was allowed.
PLUMMER V TIBSCO LTD AND ANOTHER
MISREPRESENTATION
PUBLIC HOUSES
TERMS OF LEASES
TENANCIES
RENEWABLE LEASES
SURRENDER AGREEMENTS
PRECONDITIONS