CA 23 February 1988. An appeal by a sitting tenant (R) and a cross-appeal by the plaintiff (S), from a decision in the county court. There was a claim for the return of a premium allegedly paid by (S) to (R) as a condition of the granting of a protected tenancy to (S). Judgement was given for (S) and (R) asked for the judgement to be set aside. A cross-appeal was made by (S) seeking a variation in the amount actually received. In the CA the facts of the case were discussed and the judge agreed with the findings of the county court judge who relied on the decision in Farrell v Alexander . The present case was indistinguishable from the Farrell decision where the judge had found that the payment was a premium within the Rent Act 1977 S119(1) and was thus recoverable under S125. In the CA R`s argument that the condition of payment was not a condition "of the grant" , was rejected. The appeal by R was dismissed; the cross-appeal by S regarding variation of the sum received, was allowed.