Landlord Protect Ltd v St Anselm Development Company Ltd (Record no. 81368)
[ view plain ]
| 000 -LEADER | |
|---|---|
| fixed length control field | 01807cad a22002175a 4500 |
| 001 - CONTROL NUMBER | |
| control field | L147058 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| fixed length control field | 090327e20090220xxk f v 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER | |
| System control number | (Sirsi) u147058 |
| 041 0# - LANGUAGE CODE | |
| Language code of text/sound track or separate title | eng |
| 245 00 - TITLE STATEMENT | |
| Title | Landlord Protect Ltd v St Anselm Development Company Ltd |
| Medium | [electronic resource] |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. | |
| -- | 009 |
| 520 ## - SUMMARY, ETC. | |
| Summary, etc. | [2009] EWCA Civ 99, 20 February 2009. A landlord will not normally be able to ask for further protection as a condition for agreeing to transfer a lease. A tenant agreed to purchase a head lease from its head landlord. It was agreed that the tenant give a guarantee. A dispute then arose over the extent of the guarantee. The freeholder was only prepared to grant consent if the tenant's director acted as guarantor. The tenant said this was unreasonable because the freeholder would not release the Director if any new tenant could not provide a satisfactory replacement and asked for its deposit back. After loosing an initial case (see L144537), it went to the Court of Appeal. Held: appeal allowed. The freeholder could only require a guarantee from the Director while he is a tenant. It would be unreasonable if a guarantor was liable after its tenancy was over and inappropriate for the purposes of the Common Auction Conditions. The tenant was entitled to the return of its deposit. Straudley Investments Ltd v Mount Eden Land Ltd (No1) applied. |
| 590 ## - LOCAL NOTE (RLIN) | |
| Local note | KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | STRAUDLEY INVESTMENTS LTD V MOUNT EDEN LAND LTD |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | LANDLORD AND TENANT ACT 1988 |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM | |
| Topical term or geographic name entry element | LANDLORD PROTECT LTD V ST ANSELM DEVELOPMENT CO LTD |
| 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-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT |
| 856 40 - ELECTRONIC LOCATION AND ACCESS | |
| Uniform Resource Identifier | <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/99.html/">https://www.bailii.org/ew/cases/EWCA/Civ/2009/99.html/</a> |
| Public note | View the report 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 | 27/03/2009 | ONLINE PUBLICATION | 147058-1001 | 06/08/2019 | 1 | 06/08/2019 | Law report |