Receiver for the Metropolitan Police District v Palacegate Properties Ltd
Series: Estates Gazette ; [2000] 13 EG, 187-191(5)Publication details: 2000Subject(s): Summary: CA 9 February 2000. The appellant landlord (R) is the freehold owner of land held as a possible site for a new court or police purposes. In May 1993 a lease of the land was granted to the defendant tenant (P) for five years. Before the grant, the parties gained a court order authorising them to enter into an agreement in the form of a draft lease annexed to the order, which excluded the security of tenure provisions of the Landlord and Tenant Act 1954, the draft had several blanks which were filled in when the lease was completed. Under the draft and executed lease, rent was payable annually in arrears. Shortly after the court order, the parties agreed that the rent was payable quarterly in advance. In 1998 P served a request for a new tenancy under the Landlord and Tenant Act 1954, s26. It was held that the tenant was entitled to the protection of the 1954 Act, it was not possible to alter terms of the lease as authorised by the court, the agreement the parties entered into was different from the document authorised by the court because of the agreement that rent was payable quarterly in advance and not annually in arrears. R appealed. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS62216 (Browse shelf(Opens below)) | 1 | Available | 105244-1001 |
CA 9 February 2000. The appellant landlord (R) is the freehold owner of land held as a possible site for a new court or police purposes. In May 1993 a lease of the land was granted to the defendant tenant (P) for five years. Before the grant, the parties gained a court order authorising them to enter into an agreement in the form of a draft lease annexed to the order, which excluded the security of tenure provisions of the Landlord and Tenant Act 1954, the draft had several blanks which were filled in when the lease was completed. Under the draft and executed lease, rent was payable annually in arrears. Shortly after the court order, the parties agreed that the rent was payable quarterly in advance. In 1998 P served a request for a new tenancy under the Landlord and Tenant Act 1954, s26. It was held that the tenant was entitled to the protection of the 1954 Act, it was not possible to alter terms of the lease as authorised by the court, the agreement the parties entered into was different from the document authorised by the court because of the agreement that rent was payable quarterly in advance and not annually in arrears. R appealed. Appeal allowed.