Berthon Boat Co Ltd v Hood Sailmakers Ltd
Series: Estates Gazette ; [2000] 08 EG 173-175(3)Publication details: 2000Subject(s): Summary: QBD 7 October 1999. In 1967 the parties entered into two transactions. The defendant (H) was granted a lease of part of the claimant's (B) boatyard premises and H agreed to pay B throughout the lease or of any lease which may be substituted, a commission based on certain specified sales. In 1971 the lease was surrendered by implication of law and a new lease was granted to H. In 1978 the parties made an agreement whereby H agreed to pay B specified percentages "on all net sales thereafter". In 1995 the contractual term of the lease expired, athough the tenant remained in occupation under a tenancy continued by Part II of the Landlord and Tenant Act 1954. H purported to determine the 1978 agreement. B claimed that the 1978 agreement could not be determined as long as H occupied the premises under any lease. Claim held.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS61969 (Browse shelf(Opens below)) | 1 | Available | 104538-1001 |
QBD 7 October 1999. In 1967 the parties entered into two transactions. The defendant (H) was granted a lease of part of the claimant's (B) boatyard premises and H agreed to pay B throughout the lease or of any lease which may be substituted, a commission based on certain specified sales. In 1971 the lease was surrendered by implication of law and a new lease was granted to H. In 1978 the parties made an agreement whereby H agreed to pay B specified percentages "on all net sales thereafter". In 1995 the contractual term of the lease expired, athough the tenant remained in occupation under a tenancy continued by Part II of the Landlord and Tenant Act 1954. H purported to determine the 1978 agreement. B claimed that the 1978 agreement could not be determined as long as H occupied the premises under any lease. Claim held.