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Possession proceedings

Language: English Series: Estates Gazette Case Summaries ; (1993) EGCS 92(1) (22/5/93)Publication details: 1993Subject(s): Summary: "Topborough Ltd v Commodatos" CA 7 April 1993. An oral agreement between a tenant (C) and his landlords to purchase the freehold of his flat was later modified by an offer of a 99 year lease at a nominal sum. The block was subsequently sold to new landlords (T) who disputed the agreements and sought possession on the grounds that there was no written evidence of the first agreement and that improvements made at C`s expense were not in part performance of the second as they were conducted during negotiation for the lease. C`s appeal dismissed.

"Topborough Ltd v Commodatos" CA 7 April 1993. An oral agreement between a tenant (C) and his landlords to purchase the freehold of his flat was later modified by an offer of a 99 year lease at a nominal sum. The block was subsequently sold to new landlords (T) who disputed the agreements and sought possession on the grounds that there was no written evidence of the first agreement and that improvements made at C`s expense were not in part performance of the second as they were conducted during negotiation for the lease. C`s appeal dismissed.