Herbert Duncan Ltd V Cluttons
Language: English Series: Estates Gazette ; (1992) 22 EG 110-116(4)Publication details: 1992Subject(s): Summary: QBD 20 December 1991. The plaintiff C was the leasehold owner of premises. By an underlease they demised the premises to the defendant H for a period of five years at a rent of £70,000pa. In 1988 H assigned the residue of the term of the lease to a third party. In July 1989 C served on the assignee a notice under Landlord and Tenant Act 1954 s25 terminating the lease. H gave notice that they were not willling to give up the tenancy and applied to HC for a new tenancy under Part II of the Act. H however later discountinued this action and his occupation of the premises ended in February 1991. It was agreed on an interim rent of £200,000pa from 25 March 1990 for as long as the lease continued. The asssignee paid £60,794 towards this rent before going into receivership leaving a balance of £113,452. H claimed this sum from C as the tenant. The court therefore had to decide whether C as the original tenant is liable to pay the balance of the interim rent. It is held that C should pay thi| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS46609 (Browse shelf(Opens below)) | 1 | Available | 58858-1001 |
QBD 20 December 1991. The plaintiff C was the leasehold owner of premises. By an underlease they demised the premises to the defendant H for a period of five years at a rent of £70,000pa. In 1988 H assigned the residue of the term of the lease to a third party. In July 1989 C served on the assignee a notice under Landlord and Tenant Act 1954 s25 terminating the lease. H gave notice that they were not willling to give up the tenancy and applied to HC for a new tenancy under Part II of the Act. H however later discountinued this action and his occupation of the premises ended in February 1991. It was agreed on an interim rent of £200,000pa from 25 March 1990 for as long as the lease continued. The asssignee paid £60,794 towards this rent before going into receivership leaving a balance of £113,452. H claimed this sum from C as the tenant. The court therefore had to decide whether C as the original tenant is liable to pay the balance of the interim rent. It is held that C should pay thi