Silverman and others v Afco (UK) Ltd and others
Silverman and others v Afco (UK) Ltd and others
- 1988
- Estates Gazette (8814) 9 April 1988, 67-70(3) .
CA 11 January 1988. Premises were leased to (A) for 10 years from 23 December 1985 at an annual rent of £6,250 and service charges. The lease contained a provision entitling the plaintiffs (S) to re-enter the premises if rent was in arrears for 21 days. In August 1987 S issued a writ asserting there was a balance of £7,394.07 unpaid and claiming possession , payment and interest. On 14 September 1987 it was held that S should have possession and that the money, profits and interest should be paid as A had given no notice of intention to defend. S then entered into negotiations to lease the property in December to another company, the agreement being concluded in October. However A issued a summons including an execution of the order for possession. At the hearing A offered a post-dated cheque to settle arrears but this was dismissed on the grounds that it was not enough and S went ahead with arrangements to lease to a third party. A again appealed, S claiming a sum of £6,152.84 which
CA 11 January 1988. Premises were leased to (A) for 10 years from 23 December 1985 at an annual rent of £6,250 and service charges. The lease contained a provision entitling the plaintiffs (S) to re-enter the premises if rent was in arrears for 21 days. In August 1987 S issued a writ asserting there was a balance of £7,394.07 unpaid and claiming possession , payment and interest. On 14 September 1987 it was held that S should have possession and that the money, profits and interest should be paid as A had given no notice of intention to defend. S then entered into negotiations to lease the property in December to another company, the agreement being concluded in October. However A issued a summons including an execution of the order for possession. At the hearing A offered a post-dated cheque to settle arrears but this was dismissed on the grounds that it was not enough and S went ahead with arrangements to lease to a third party. A again appealed, S claiming a sum of £6,152.84 which