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Becker v Hill Street Properties Ltd

Language: English Series: Estates Gazette ; (1990) 38 EG 107-111(4)Publication details: 1990Subject(s): Summary: An appeal by the landlords (H) from a decision in the County Court, granting the B a new tenancy which did not contain a development break clause . H appealed. At issue was whether the Judge had applied the correct principles in exercising his discretion. It was held that he had not. Citing JH Edwards and Sons Ltd v Central London Commercial Estates Ltd , and other cases which concerned redevelopment by landlords and the inclusion of break clauses, the CA concluded that the judge had misdirected himself; it was irrelevant whether or not he thought a particular development proposed by H was desirable - it was up to (H) not for the Judge or court to make a judgement. The matter was therefore at large before the CA to exercise their own discretion as to the duration of the term to be granted to the tenant and whether it should contain a break clause. The court concluded that as the term awarded by the Judge was for a short period it was reasonable to grant the tenant a term without any
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS43380 (Browse shelf(Opens below)) 1 Available 41506-1001

An appeal by the landlords (H) from a decision in the County Court, granting the B a new tenancy which did not contain a development break clause . H appealed. At issue was whether the Judge had applied the correct principles in exercising his discretion. It was held that he had not. Citing JH Edwards and Sons Ltd v Central London Commercial Estates Ltd , and other cases which concerned redevelopment by landlords and the inclusion of break clauses, the CA concluded that the judge had misdirected himself; it was irrelevant whether or not he thought a particular development proposed by H was desirable - it was up to (H) not for the Judge or court to make a judgement. The matter was therefore at large before the CA to exercise their own discretion as to the duration of the term to be granted to the tenant and whether it should contain a break clause. The court concluded that as the term awarded by the Judge was for a short period it was reasonable to grant the tenant a term without any