000			02805cad a22003495a 4500
001			L146315
008			090109e20081105xxk f v 000 0 eng d
035			_a(Sirsi) u146315
041	0		_aeng
245	0	0	_aAlchemy Estates Ltd v Astor _h[electronic resource]
260			_c2008
520			_a[2008] EWHC 2675 (Ch), 5 November 2008. The right in the Standard Conditions of Sale (fourth edition) to rescind a contract for the sale of leasehold land if consent to assignment of the lease had not been obtained three working days before the completion date had to be exercised by that date, or soon after. Applicants (A) applied for summary judgement in a matter with company (E) on the sale of leasehold land where contracts had been exchanged and a completion date fixed. The contract held the Standard Conditions of Sale (fourth edition), that said that the seller had to obtain the permission of the landlord (or to prove that all reasonable attempts to obtain it had been made). Completion was delayed slightly as A failed to obtain the landlord's permission, partially as a result of providing incorrect documents. E continued to express an interest in the purchase but made a greatly reduced offer for it some months later. Held: Application granted. Where standard and special conditions had been used, there was no indication that the standard conditions had been displaced and where possible, they should be viewed as one contractual scheme. The word 'required' in relation to obtaining the landlord's consent was a practical term and was not binding. Where the right of recission was not exercised promptly, both parties had to be taken as having decided to proceed with the allocation of risk set out in the contract. E had not given warning of an intention to rescind and its actions throughout indicated that it would complete the sale.
521			_aAdvanced
590			_aKA
650	2	4	_aALCHEMY ESTATES LTD V ASTOR
650	2	4	_aAQUIS ESTATES LTD V MINTON
650	2	4	_aLEASEHOLD REFORM ACT 1967
650	2	4	_aHOMBURG HOUTIMPORT BV V AGROSIN PRIVATE LTD (THE STARSIN)
650	2	4	_aICI CHEMICALS & POLYMERS LTD V TT TRAINING LTD
650	2	4	_aPROPERTY & BLOODSTOCK LTD V EMERTON
650	2	4	_aQUINION V HORNE
650	2	4	_aSELKIRK V ROMAR INVESTMENTS LTD
650	2	4	_aSMITH V WALLACE
650	2	4	_aST LEONARD'S SHOREDITCH RECTORY V HUGHES
650	2	4	_aAUBERGINE ENTERPRISES LTD V LAKEWOOD INTERNATIONAL LTD
650	2	4	_aBOWMAN V HYLAND
650	2	4	_aBRICKWOODS LTD V BUTLER & ANOR
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-ACQUISITION AND DISPOSAL OF RESIDENTIAL PROPERTY
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/Ch/2008/2675.html _zView the item free of charge online at www.bailii.org...
942			_n0
999			_c109110 _d109110