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Department of the Environment v Royal Insurance PLC

Language: English Series: Estates Gazette ; 282(6329) 11 April 1987, 208-214(5)Publication details: 1987Subject(s): Summary: ChD 12 November 1986. An application by the defendant landlords for determination of the compensation payable to former tenants, the DoE, under Landlord and Tenant Act 1954 s37 in respect of premises in Chancery Lane, London WC2. The question at issue was whether compensation was payable at the rate of six times the rateable value or at the lower rate of three times and whether the condition required for the higher rate had been satisfied, namely, that during the entire 14 years immediatedly preceding termination of the tenancy the premises had been occupied for the purpose of a business carried on by the occupier. The DoE`s tenancy terminated on August 23 1985, following occupation on August 25 1971, although the lease terms specified it was to run for 14 years from August 23 1971. It was submitted on behalf of the DoE that they should be treated as having been in occupation for the full 14 years despite the gap of two days and they should not be deprived of the higher scale. Case l
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Law report London Journal article ABS37616 (Browse shelf(Opens below)) 1 Available 5597-1001

ChD 12 November 1986. An application by the defendant landlords for determination of the compensation payable to former tenants, the DoE, under Landlord and Tenant Act 1954 s37 in respect of premises in Chancery Lane, London WC2. The question at issue was whether compensation was payable at the rate of six times the rateable value or at the lower rate of three times and whether the condition required for the higher rate had been satisfied, namely, that during the entire 14 years immediatedly preceding termination of the tenancy the premises had been occupied for the purpose of a business carried on by the occupier. The DoE`s tenancy terminated on August 23 1985, following occupation on August 25 1971, although the lease terms specified it was to run for 14 years from August 23 1971. It was submitted on behalf of the DoE that they should be treated as having been in occupation for the full 14 years despite the gap of two days and they should not be deprived of the higher scale. Case l