CA 30 October 1992. The plaintiff landlord, X, sought possession of the premises occupied by the tenant, Y, for a taxi business under a lease which expired in September 1986. The parties negotiated terms for a new one on a `subject to contract` basis before and after the application by Y for a new tenancy under Landlord and Tenant Act 1954. In December 1990 X served a notice under s5 of the Act to terminate the lease claiming they would object to the grant of a new tenancy on the grounds of non-payment fo rent. In January 1991 Y served a counter notice stating it was not willing to give up possession. The parties continued negotiations and the time limit for applying to the court passed without any application. Terms were eventually agreed and a new lease was exchanged. In May 1991 X sent a completion statement to Y providing for the payment of the solicitors charges and the difference between the new rent and old rent. The tenancy expired on 1 July 1991. In June X wrote to Y stating