000 01433cab a2200193 4500
001 ABS40498
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u24322
041 _aeng
245 _aAspinall Finance Ltd v Viscount Chelsea
260 _c1989
350 _a0
490 _aEstates Gazette
_v(1989) 09 EG 77-82(4)
520 _aChD 12 October 1988 An originating summons by Aspinall (A) to resolve a preliminary issue arising out of an application for a new tenancy under Landlord and Tenant Act 1954. The issue was whether A had been in occupation , throughout the relevant period, for the purpose of their business as required by s23 of the Act. The premises were used as a gaming club until 1984 under a Gaming Board Licence. A wished to run a club in a more attractive building in a different area, but a licence would only be granted if the licence for the subject premises was given up. This was agreed and gaming activity ceased and the building became empty. In 1986 A applied for a new lease. ChD held that as the premises had been empty for some time as a result of the transfer of the gaming licence to another establishment, the cessation of business occupation prevented the Act from applying and therefore A was not entitled to a new tenancy.
650 _aLANDLORD AND TENANT ACT 1954 S23
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c16305
_d16305