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Maryland Estates Ltd v Joseph and Another

Language: English Series: Weekly Law Reports ; [1999] 1 WLR 83-92(6)Publication details: 1999Subject(s): Summary: CA 23 April 1998. Landlord (M) sought an order for possession for a flat for breach of covenant to pay outstanding rent and service charges, together with mesne profits from the date of service of the writ until possession. Tenants (J&A) disputed the claim and counterclaimed relief against forfeiture. M agreed to grant relief from forfeiture on payment of all the sums claimed within a reasonable time. J&A paid the amount of rent and service charges outstanding at the date of the writ, and a sum towards M`s costs. M applied for a declaration that it was entitled to possession unless all outstanding rent and service charges were paid with interest. The Deputy District Judge declared M was entitled only to the arrears due on the date of service of the writ, not to mesne profits. On appeal by M, "held" that `all the rent in arrears` referred to rent in arrears at the time the court, making its order, assumed that payment of that rent would result in the lease continuing for all purposes.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS60004 (Browse shelf(Opens below)) 1 Available 90996-1001

CA 23 April 1998. Landlord (M) sought an order for possession for a flat for breach of covenant to pay outstanding rent and service charges, together with mesne profits from the date of service of the writ until possession. Tenants (J&A) disputed the claim and counterclaimed relief against forfeiture. M agreed to grant relief from forfeiture on payment of all the sums claimed within a reasonable time. J&A paid the amount of rent and service charges outstanding at the date of the writ, and a sum towards M`s costs. M applied for a declaration that it was entitled to possession unless all outstanding rent and service charges were paid with interest. The Deputy District Judge declared M was entitled only to the arrears due on the date of service of the writ, not to mesne profits. On appeal by M, "held" that `all the rent in arrears` referred to rent in arrears at the time the court, making its order, assumed that payment of that rent would result in the lease continuing for all purposes.