Eyre and Others v Hall and Another
Eyre and Others v Hall and Another
- 1986
- Estates Gazette 280 (6305) 11 October 1986, 193-195 (2) .
CA 6 March 1986. An appeal by the landlords from a cc decision in proceedings for possession of a dwelling house . The cc had decided in favour of the tenants. The tenants went bankrupt and the lease of the dwelling house was vested in a trustee before the end of the fixed term. The trustee gave notice of his intention to disclaim the lease under Bankruptcy Act 1914 which he was entitled to do so without the leave of court if the property was burdened with onerous covenants . If the disclaimer was valid, the tenants lost their rights to protection and to a statutory tenancy at the end of the lease.The tenants contended that the disclaimer was invalid on the ground that the property was not so burdened. The cc accepted the tenants` submission and held that the disclaimer was invalid. On appeal by the landlords, CA held that the lease was a very stringent one, containing full repairing obligations and including a covenant to deliver up the premises in good repair and to paint the exter
CA 6 March 1986. An appeal by the landlords from a cc decision in proceedings for possession of a dwelling house . The cc had decided in favour of the tenants. The tenants went bankrupt and the lease of the dwelling house was vested in a trustee before the end of the fixed term. The trustee gave notice of his intention to disclaim the lease under Bankruptcy Act 1914 which he was entitled to do so without the leave of court if the property was burdened with onerous covenants . If the disclaimer was valid, the tenants lost their rights to protection and to a statutory tenancy at the end of the lease.The tenants contended that the disclaimer was invalid on the ground that the property was not so burdened. The cc accepted the tenants` submission and held that the disclaimer was invalid. On appeal by the landlords, CA held that the lease was a very stringent one, containing full repairing obligations and including a covenant to deliver up the premises in good repair and to paint the exter