Bishopsgate Foundation v Curtis (Record no. 74618)

MARC details
000 -LEADER
fixed length control field 02494cab a2200277 4500
001 - CONTROL NUMBER
control field ABS68451
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 041123n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u128083
245 ## - TITLE STATEMENT
Title Bishopsgate Foundation v Curtis
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2004] 46 EG 152-158(7)
520 ## - SUMMARY, ETC.
Summary, etc. Central London CC, 3 September 2004. Defendant tenant (C) had a sub-underlease on a live/work unit in a building, the freehold of which was held by claimant landlord (BF). The existing headlease permitted the use of defined parts including C's unit as live/work units but the underlease remained unamended in the form of the original headlease stating that the building could not be used for any other purpose than as a factory and/or offices without written consent. C used his unit principally as living space with only a small work space. C gave notice under the Leasehold Reform and Urban Development Act 1993 s42 to claim a new extended lease. BF would not admit C's claim because the sub-underlease was a business tenancy for the purposes of s5(2) of the 1993 Act and the unit did not qualify as a separate flat. BF further contended that C was in breach of the user covenants and the Act did not confer rights on persons qualifying only on their own breaches of covenants. C countered that BF could not challenge his claim by relying on grounds not in BF's counternotice. "Held": claim dismissed. C was entitled to a new extended lease. BF was not entitled to depart from the issues detailed in its s45 counternotice and C's arguments were within the issues contained in the counternotice. The user clause in C's sub-underlease permitted either residential or working use or the two together. The definition of a separate flat in s101 was satisfied. The user covenant did not require the defendant to use the unit as a business premises.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S45
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S42
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S5(2)
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S101
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 S46
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LIVE-WORK UNITSD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LEASEHOLD ENFRANCHISEMENT
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BUSINESS USE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RESIDENTIAL USE
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element USER COVENANTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-LEASES-CASE LAW
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 23/11/2004   ABS68451 128083-1001 06/08/2019 1 06/08/2019 Law report