Tomkins v Basildon DC
Tomkins v Basildon DC
- 2002
- Estates Gazette [2002] 27 EG 140 (CS) (06/07/02) Estates Gazette [2002] 43 EG 206; [2002] EWCA Civ 876 .
CA 24 June 2002 Tenant T had 20 years lease on premises for permitted business and residential use. T ceased trading in 1986. T's breach of covenant concerning use, although accepted by landlord, did not amount to surrender of business lease. T was not granted residential periodic tenancy, which would have given her protection under Landlord and Tenant Act 1985 S11. T's appeal dismissed. Landlord B's cross-appeal allowed.
VARIATION AND SURRENDER
LANDLORD AND TENANT ACT 1985 S11
PERIODIC TENANCIES
TOMKINS V BASILDON DC
CA 24 June 2002 Tenant T had 20 years lease on premises for permitted business and residential use. T ceased trading in 1986. T's breach of covenant concerning use, although accepted by landlord, did not amount to surrender of business lease. T was not granted residential periodic tenancy, which would have given her protection under Landlord and Tenant Act 1985 S11. T's appeal dismissed. Landlord B's cross-appeal allowed.
VARIATION AND SURRENDER
LANDLORD AND TENANT ACT 1985 S11
PERIODIC TENANCIES
TOMKINS V BASILDON DC