Legal case news judges enforce status quo after interim rent ruckus - Neale v Witney Electric Theatre
Language: English Series: Property Week ; 77(42) 25 November 2011, 65(1)Publication details: 2011Subject(s):- NEALE V WITNEY ELECTRIC THEATRE
- CHARLES FOLLETT LTD V CABTELL INVESTMENTS LTD
- LANDLORD AND TENANT ACT 1954 S24D
- LANDLORD AND TENANT ACT 1954 S 34(1)
- LANDLORD AND TENANT ACT 1954 S34(2)
- England and Wales -- 1543-
- PROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-COMMERCIAL LEASES-COMMERCIAL LEASE RENEWAL
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L154629 (Browse shelf(Opens below)) | 1 | Available | 154629-1001 |
"Neale v Witney Electric Theatre" [2011] EWCA Civ 1032, 15 July 2011 concerned the level of statutory interim rent payable by the business tenant where the tenant was not granted a renewal lease. Appellant business tenant N applied for a new tenancy under the Landlord and Tenant Act 1954 s 24 which was opposed by Respondent landlord W. N's application was dismissed by the court and the tenancy expired. N appealed against the CC's determination of the interim rent for the period from s25 notice to tenancy expiry. "Held": appeal dismissed. The CC judge had broad discretion in determining the interim and had arrived at a reasonable rent. N should continue to pay at the level of the passing rent to avoid unfairness to the landlord.