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Kingston Upon Thames LBC v Marlow

Language: English Series: Rating Appeals ; (1996) RA, 87-92(6)Publication details: 1996Subject(s): Summary: QBD 23 October 1995. M held the lease of office premises from 4 January 1983 until 30 November 1993. On 7 September 1990 the landlord served a High Court writ claiming damages for non payment of repair charges and seeking forfeiture of the lease due to breach of contract. M filed a defence disputing the amount but not seeking relief from forfeiture. On 30 November 1993 M vacated the premises, writing to the landlords stating his relinquishment of the tenancy. M paid mesne profits to the landlord. On 21 October 1994 K issued a summons against M for unpaid rates between 1 February 1994 and 31 March 1995. K appealed against the magistrate`s decision that M was no longer entitled to possession at the time and was not liable for rates claimed. "Held" appeal dismissed - M had unequivocally accepted repudiation of the lease on 30 November 1993.

QBD 23 October 1995. M held the lease of office premises from 4 January 1983 until 30 November 1993. On 7 September 1990 the landlord served a High Court writ claiming damages for non payment of repair charges and seeking forfeiture of the lease due to breach of contract. M filed a defence disputing the amount but not seeking relief from forfeiture. On 30 November 1993 M vacated the premises, writing to the landlords stating his relinquishment of the tenancy. M paid mesne profits to the landlord. On 21 October 1994 K issued a summons against M for unpaid rates between 1 February 1994 and 31 March 1995. K appealed against the magistrate`s decision that M was no longer entitled to possession at the time and was not liable for rates claimed. "Held" appeal dismissed - M had unequivocally accepted repudiation of the lease on 30 November 1993.