Moss v Mobil Oil Co Ltd
Moss v Mobil Oil Co Ltd
- 1988
- Estates Gazette (8806) 13 February 1988, 109-112(2) .
CA 17 November 1987. Appeal by tenant (M) from cc decision in favour of landlords (O). Cc held that a notice sent by O, under the Landlord and Tenant Act 1954 s25 , was valid and dismissed M`s application for a new tenancy. The lease demised two service stations to M. At issue was whether the lease contained provisions which were sufficient to create two separate tenancies and whether, if so, the s25 notice, purporting to apply to only one of the properties, was valid. The lease contained provisions for a rent to be apportioned as between the two service stations and a minimum load to be applied separately to each. It also provided that all other covenants, agreements and conditions "shall be read and construed as if separate and independent leases had been entered into in respect of each of the demised premises and not as one demise". CA held that this clause was sufficient to create two separate tenancies. Affirmed cc decision and held that the s25 notice was valid. Appeal dismisse
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CA 17 November 1987. Appeal by tenant (M) from cc decision in favour of landlords (O). Cc held that a notice sent by O, under the Landlord and Tenant Act 1954 s25 , was valid and dismissed M`s application for a new tenancy. The lease demised two service stations to M. At issue was whether the lease contained provisions which were sufficient to create two separate tenancies and whether, if so, the s25 notice, purporting to apply to only one of the properties, was valid. The lease contained provisions for a rent to be apportioned as between the two service stations and a minimum load to be applied separately to each. It also provided that all other covenants, agreements and conditions "shall be read and construed as if separate and independent leases had been entered into in respect of each of the demised premises and not as one demise". CA held that this clause was sufficient to create two separate tenancies. Affirmed cc decision and held that the s25 notice was valid. Appeal dismisse
BUSINESS TENANCIES
LEASE RENEWAL