Oliver Ashworth (Holdings) Ltd v Ballard (Kent) Ltd.
Series: Weekly Law Reports ; (1999) 3 WLR 57-78(12)Publication details: 1999Subject(s): Summary: CA 18 March 1999.The tenant (OA), had a 20 year lease, and served a notice to determine the lease in September 1996, relying on a break clause entitling it to determine the lease after ten years and six months. The landlord (B) did not accept that the notice was valid and treated the lease as continuing. OA remained in occupation beyond the period specified in the notice and B issued proceedings claiming either rent for the quarter following the notice or penalty rent under the break clause and double rent under the Distress for Rent Act 1737 S18. OA obtained a declaration that the notice validly determined the lease and alleged that B had waived any claim to double rent. OA the vacated the property and paid the quarter's rent claimed. B issued two summonses seeking a resolution of two questions. Judge found for B. OA appealed. "Held" appeals allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS60807 (Browse shelf(Opens below)) | 1 | Available | 101302-1001 |
CA 18 March 1999.The tenant (OA), had a 20 year lease, and served a notice to determine the lease in September 1996, relying on a break clause entitling it to determine the lease after ten years and six months. The landlord (B) did not accept that the notice was valid and treated the lease as continuing. OA remained in occupation beyond the period specified in the notice and B issued proceedings claiming either rent for the quarter following the notice or penalty rent under the break clause and double rent under the Distress for Rent Act 1737 S18. OA obtained a declaration that the notice validly determined the lease and alleged that B had waived any claim to double rent. OA the vacated the property and paid the quarter's rent claimed. B issued two summonses seeking a resolution of two questions. Judge found for B. OA appealed. "Held" appeals allowed.