Single Horse Properties v Surrey CC
Single Horse Properties v Surrey CC
- 2002
- Estates Gazette [2002 19 EG 150-156(7) .
CA 26 March 2002. The appellant tenants' (X) was served notice on by the respondent landlord (Y) under Landlord and Tenant Act 1954 s25 to terminate on the contractual term date. X served a counter-notice to not give possession and applied to the CC for a new tenancy. X vacated early. Y gained order to strike off new tenancy and the existing tenancy with rent payable to continue for three months from the making of the order. X appealed to CA after CC dismissed its appeal to get rent order deleted. Appeal allowed. A tenancy for a fixed term ends at common law on expiry of that term. A tenancy cannot be terminated under a s25 notice unless continued under the 1954 Act s24(1) which was not the case here. S64(1c) was not satisfied and there was no interim continuation of the tenancy. X was not liable for the rent after the term date.
LANDLORD AND TENANT ACT 1954 S24(1)
LANDLORD AND TENANT ACT 1954 S25
LANDLORD AND TENANT ACT 1954 S64(1C)
BUSINESS TENANCIES
SECTION 25 NOTICES
SINGLE HORSE PROPERTIES V SURREY CC
ESSELTE AB V PEARL ASSURANCE
FIXED TERM
CA 26 March 2002. The appellant tenants' (X) was served notice on by the respondent landlord (Y) under Landlord and Tenant Act 1954 s25 to terminate on the contractual term date. X served a counter-notice to not give possession and applied to the CC for a new tenancy. X vacated early. Y gained order to strike off new tenancy and the existing tenancy with rent payable to continue for three months from the making of the order. X appealed to CA after CC dismissed its appeal to get rent order deleted. Appeal allowed. A tenancy for a fixed term ends at common law on expiry of that term. A tenancy cannot be terminated under a s25 notice unless continued under the 1954 Act s24(1) which was not the case here. S64(1c) was not satisfied and there was no interim continuation of the tenancy. X was not liable for the rent after the term date.
LANDLORD AND TENANT ACT 1954 S24(1)
LANDLORD AND TENANT ACT 1954 S25
LANDLORD AND TENANT ACT 1954 S64(1C)
BUSINESS TENANCIES
SECTION 25 NOTICES
SINGLE HORSE PROPERTIES V SURREY CC
ESSELTE AB V PEARL ASSURANCE
FIXED TERM