000			01539cab a2200217 4500
001			ABS39737
008			090401t1988 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u18693
041			_aeng
245			_aSaleh v Robinson
260			_c1988
350			_a0
490			_aEstates Gazette _v(8836) 10 September 1988, 180-184(3)
520			_aCA 23 February 1988. An appeal by a sitting tenant (R) and a cross-appeal by the plaintiff (S), from a decision in the county court. There was a claim for the return of a premium allegedly paid by (S) to (R) as a condition of the granting of a protected tenancy to (S). Judgement was given for (S) and (R) asked for the judgement to be set aside. A cross-appeal was made by (S) seeking a variation in the amount actually received. In the CA the facts of the case were discussed and the judge agreed with the findings of the county court judge who relied on the decision in Farrell v Alexander . The present case was indistinguishable from the Farrell decision where the judge had found that the payment was a premium within the Rent Act 1977 S119(1) and was thus recoverable under S125. In the CA R`s argument that the condition of payment was not a condition "of the grant" , was rejected. The appeal by R was dismissed; the cross-appeal by S regarding variation of the sum received, was allowed.
650			_aCHURCH COMMISSIONERS
650			_aESTATE AGENT
650			_aPREMIUMS
690			_aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942			_n0
948			_c04/03/1997
999			_c12440 _d12440