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Bar v Pathwood Investments Ltd

Language: English Series: Estates Gazette ; 282(6339) 20 June 1987, 1538-1542(3)Publication details: 1987Subject(s): Summary: CA 27 February 1987. Appeal by the tenant of a shop and premises from a cc decision, in regard to an application for a new tenancy under Landlord and Tenant Act 1954 Part II . The question was whether an originating application under s24 of the 1954 Act could be amended after the time limit has expired. The tenancy comprised a ground-floor shop with basement storage area, ground floor studio and three flats on first, second and third floors. The tenant occupied shop and basement area for a ladies boutique and the studio and first floor-flat as her home. The second and third floor flats were sub-let. The application for a new tenancy was made within time but referred only to the "ground floor shop premises...". Subsequently, but outside the time limit, the description was amended to read "Shop and premises...". The landlords opposed the amendment and the cc ruled that it must be disallowed. CA held that there was power under Ord 15 County Court Rules 1981 to amend an originating appli
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Law report London Journal article ABS37844 (Browse shelf(Opens below)) 1 Available 7092-1001

CA 27 February 1987. Appeal by the tenant of a shop and premises from a cc decision, in regard to an application for a new tenancy under Landlord and Tenant Act 1954 Part II . The question was whether an originating application under s24 of the 1954 Act could be amended after the time limit has expired. The tenancy comprised a ground-floor shop with basement storage area, ground floor studio and three flats on first, second and third floors. The tenant occupied shop and basement area for a ladies boutique and the studio and first floor-flat as her home. The second and third floor flats were sub-let. The application for a new tenancy was made within time but referred only to the "ground floor shop premises...". Subsequently, but outside the time limit, the description was amended to read "Shop and premises...". The landlords opposed the amendment and the cc ruled that it must be disallowed. CA held that there was power under Ord 15 County Court Rules 1981 to amend an originating appli