Stretch v West Dorset DC
Language: English Series: Estates Gazette ; [1998] 48 EG 183-186(6)Publication details: 1998Subject(s): Summary: CA 11 November 1998. S took out an originating summons seeking declarations against W stating that he was entitled to and had validly exercised his option to the grant of a further term of 21 years and an order of specific performance or damages in lieu. The defendants W resisted S`s claims on two points (1) the option was ultra vires (2) assignment of interest. "Held": the power to let did not include the power to grant an option. And as a result of S assigning his interest in five of the subleases for terms that exceeded the original lease, the option ceased to be excisable at all. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X95638 (Browse shelf(Opens below)) | 1 | Available | 90279-1001 |
CA 11 November 1998. S took out an originating summons seeking declarations against W stating that he was entitled to and had validly exercised his option to the grant of a further term of 21 years and an order of specific performance or damages in lieu. The defendants W resisted S`s claims on two points (1) the option was ultra vires (2) assignment of interest. "Held": the power to let did not include the power to grant an option. And as a result of S assigning his interest in five of the subleases for terms that exceeded the original lease, the option ceased to be excisable at all. Appeal dismissed.