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Case news Felber Jucker and Co v Sabreleague Ltd

Language: English Series: Property Week ; 70(41) 14 October 2005, 83(1)Publication details: 2005Subject(s): Summary: The case (ChD, [2005] PLSCS 162) centred around compensation payable to the tenant (F) following the landlord serving notice opposing renewal of the lease. S served notice to F on the grounds that it wanted to redevelop the property. S subsequently changed its mind and notified the F that it did not need to vacate the property. F argued that a Section 25 notice cannot be withdrawn and amended and was still entitled to vacate and received statutory compensation of £94 000. S claimed that the law had been amended by in 2004. S applied to oppose the renewal of the tenancy, knowing it would fail which in turn would prevent F from receiving its statutory compensation. "Held": the action was struck out as an abuse of the court, and that the 2004 changes were not intended to change the rules regarding compensation.

The case (ChD, [2005] PLSCS 162) centred around compensation payable to the tenant (F) following the landlord serving notice opposing renewal of the lease. S served notice to F on the grounds that it wanted to redevelop the property. S subsequently changed its mind and notified the F that it did not need to vacate the property. F argued that a Section 25 notice cannot be withdrawn and amended and was still entitled to vacate and received statutory compensation of £94 000. S claimed that the law had been amended by in 2004. S applied to oppose the renewal of the tenancy, knowing it would fail which in turn would prevent F from receiving its statutory compensation. "Held": the action was struck out as an abuse of the court, and that the 2004 changes were not intended to change the rules regarding compensation.