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Legal case news judges enforce status quo after interim rent ruckus - Neale v Witney Electric Theatre

By: Language: English Series: Property Week ; 77(42) 25 November 2011, 65(1)Publication details: 2011Subject(s): Summary: "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.

"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.