Ashburn Anstalt v Arnold and another
Ashburn Anstalt v Arnold and another
- 1987
- Estates Gazette 284(6363) 5 December 1987, 1375-1386(8) .
CA 27 October 1987. The defendant (A) received the headlease of 3 properties in July 1969, one of which he later transfered to `A & Co`, under what the judge described as an informal sublease. In 1973 Cavendish Land Co Ltd acquired the freehold . In February 1973 A and A & Co entered into agreements with Matlock Ltd for the sale of the headlease and sublease on the basis that they were at liberty to remain in the property without paying rent. The benefit of the 2 agreements were assigned by Matlock to Cavendish. In 1979 Cavendish transferred the freehold to Legal and General who transfered it to the plaintiffs (X) on 11 October 1985. Legal and General wrote to A and A & Co before the transfer telling them who to pay future rent to although no rent was in fact payable. On 21 October 1985 X`s solicitors wrote to A and A & Co saying they required vacant possession of the property and that all agreements that existed between A and A & Co and Legal and General were at an end giving them 7
LEASES
LICENCES
CA 27 October 1987. The defendant (A) received the headlease of 3 properties in July 1969, one of which he later transfered to `A & Co`, under what the judge described as an informal sublease. In 1973 Cavendish Land Co Ltd acquired the freehold . In February 1973 A and A & Co entered into agreements with Matlock Ltd for the sale of the headlease and sublease on the basis that they were at liberty to remain in the property without paying rent. The benefit of the 2 agreements were assigned by Matlock to Cavendish. In 1979 Cavendish transferred the freehold to Legal and General who transfered it to the plaintiffs (X) on 11 October 1985. Legal and General wrote to A and A & Co before the transfer telling them who to pay future rent to although no rent was in fact payable. On 21 October 1985 X`s solicitors wrote to A and A & Co saying they required vacant possession of the property and that all agreements that existed between A and A & Co and Legal and General were at an end giving them 7
LEASES
LICENCES