Kingston Upon Thames LBC v Marlow
Kingston Upon Thames LBC v Marlow
- 1996
- Rating Appeals (1996) RA, 87-92(6) .
QBD 23 October 1995. M held the lease of office premises from 4 January 1983 until 30 November 1993. On 7 September 1990 the landlord served a High Court writ claiming damages for non payment of repair charges and seeking forfeiture of the lease due to breach of contract. M filed a defence disputing the amount but not seeking relief from forfeiture. On 30 November 1993 M vacated the premises, writing to the landlords stating his relinquishment of the tenancy. M paid mesne profits to the landlord. On 21 October 1994 K issued a summons against M for unpaid rates between 1 February 1994 and 31 March 1995. K appealed against the magistrate`s decision that M was no longer entitled to possession at the time and was not liable for rates claimed. "Held" appeal dismissed - M had unequivocally accepted repudiation of the lease on 30 November 1993.
BREACH OF CONTRACT
EMPTY PROPERTY
FORFEITURE
KINGSTON UPON THAMES BC V MARLOW
LIABILITY
MESNE PROFITS
POSSESSION
REPAIRS
REPUDIATION
UNOCCUPIED PROPERTY RATES
UNPAID RATES
QBD 23 October 1995. M held the lease of office premises from 4 January 1983 until 30 November 1993. On 7 September 1990 the landlord served a High Court writ claiming damages for non payment of repair charges and seeking forfeiture of the lease due to breach of contract. M filed a defence disputing the amount but not seeking relief from forfeiture. On 30 November 1993 M vacated the premises, writing to the landlords stating his relinquishment of the tenancy. M paid mesne profits to the landlord. On 21 October 1994 K issued a summons against M for unpaid rates between 1 February 1994 and 31 March 1995. K appealed against the magistrate`s decision that M was no longer entitled to possession at the time and was not liable for rates claimed. "Held" appeal dismissed - M had unequivocally accepted repudiation of the lease on 30 November 1993.
BREACH OF CONTRACT
EMPTY PROPERTY
FORFEITURE
KINGSTON UPON THAMES BC V MARLOW
LIABILITY
MESNE PROFITS
POSSESSION
REPAIRS
REPUDIATION
UNOCCUPIED PROPERTY RATES
UNPAID RATES