Howard de Walden Estates Limited V Les Aggio and Ors (1) Earl Cadogan and Cadogan Estates Limited V 26 Cadogan Square Limited (Record no. 78873)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 02062cad a22002055a 4500 |
| 001 - CONTROL NUMBER | |
| control field | L138460 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 070608e20070524xxk f w 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u138460 |
| 041 0# - LANGUAGE CODE | |
| Language code of text/sound track or separate title | eng |
| 245 00 - TITLE STATEMENT | |
| Title | Howard de Walden Estates Limited V Les Aggio and Ors (1) Earl Cadogan and Cadogan Estates Limited V 26 Cadogan Square Limited |
| Medium | [electronic resource] |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | [2007] EWCA Civ 499, considers whether head lessees (L) have the right of individual lease extension. The freeholders (H) in two conjoined cases appealed against decisions that L had these rights conferred upon them by the Leasehold Reform, Housing and Urban Development Act 1993. The properties contained common areas both internally and externally. H had served notices disputing L's rights to extend their leases to include these areas, as they were not qualifying tenants. L made no reference to covenants. The Act made no provision for the separation of leases into parts, and H had submitted this showed Parliament did not intend this. H also argued that if a new lease was to be granted then new covenants should be drawn up and the rump clauses of the previous lease could not automatically be inherited. "Held": If Parliament had intended the right of extension to apply to head lessees then it would have expressly included apparatus for tenants to obtain similar rights from the head lessee. The absence of provision to separate the lease into parts also showed this. However, there was no reason to assume the rump clauses extinguished if a new lease was drawn up. Appeal allowed. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | HOWARD DE WALDEN ESTATES LTD V AGGIO AND ORS |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | EARL CADOGAN AND CADOGAN ESTATES LTD V 26 CADOGAN SQUARE LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | LEASEHOLD REFORM, HOUSING AND URBAN DEVELOPMENT ACT 1993 |
| 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 |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2007/499.html">https://www.bailii.org/ew/cases/EWCA/Civ/2007/499.html</a> |
| Public note | View the article free of charge at www.bailii.org |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) | |
| Suppress in OPAC | 0 |
| 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 | 08/06/2007 | ONLINE PUBLICATION | 138460-1001 | 06/08/2019 | 1 | 06/08/2019 | Law report |