The Carphone Warehouse UK Ltd v Cyrus Malekout (Record no. 77293)

MARC details
000 -LEADER
fixed length control field 01964cab a2200205 4500
001 - CONTROL NUMBER
control field ##L133967
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060626n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133967
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 04 - TITLE STATEMENT
Title The Carphone Warehouse UK Ltd v Cyrus Malekout
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 767, 14 June 2006. Considers the effect of a Tomlin order settling possession proceedings. Appeal by C against a decision refusing its claim for possession of a flat occupied at one time by M who had been in dispute with the original landlord over the state of the premises which were unoccupied and became uninhabitable. C became landlord by assignment and brought proceedings against M claiming arrears of rent and that M's statutory tenancy had terminated because he was not in occupation. The parties agreed in a Tomlin order that once C had completed work on the flat to the satisfaction of an independent expert, M would become liable to pay rent which he refused to do, whereon C sought possession. The judge held that the matter had been settled under the Tomlin order and that it would be an abuse of process for C to contend that M had lost his statutory protection before the date of the order. "Held": appeal dismissed. The Tomlin order settled the issue of M's intention to return to actual occupation once the premises were habitable. There was ample evidence in relation to the period between the date of the Tomlin order and the commencement of the second proceedings that M had retained an intention to return to the property.
590 ## - LOCAL NOTE (RLIN)
Local note IKA040706
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element RENT ACT 1977 S2
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CARPHONE WAREHOUSE UK LTD V MALEKOUT
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL LEASES-BREACHING RESIDENTIAL LEASES
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2006/767.html">https://www.bailii.org/ew/cases/EWCA/Civ/2006/767.html</a>
Public note View the judgment free of charge at ww.bailii.org...
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     Virtual Virtual Online 26/06/2006   ONLINE PUBLICATION 133967-2001 06/08/2019 1 06/08/2019 Law report