000 01582cab a2200229 4500
001 ABS43380
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u41506
041 _aeng
245 _aBecker v Hill Street Properties Ltd
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 38 EG 107-111(4)
520 _aAn appeal by the landlords (H) from a decision in the County Court, granting the B a new tenancy which did not contain a development break clause . H appealed. At issue was whether the Judge had applied the correct principles in exercising his discretion. It was held that he had not. Citing JH Edwards and Sons Ltd v Central London Commercial Estates Ltd , and other cases which concerned redevelopment by landlords and the inclusion of break clauses, the CA concluded that the judge had misdirected himself; it was irrelevant whether or not he thought a particular development proposed by H was desirable - it was up to (H) not for the Judge or court to make a judgement. The matter was therefore at large before the CA to exercise their own discretion as to the duration of the term to be granted to the tenant and whether it should contain a break clause. The court concluded that as the term awarded by the Judge was for a short period it was reasonable to grant the tenant a term without any
650 _aADAMS V GREEN
650 _aDENTAL SURGERY
650 _aLEASE TERMS
650 _aUPSONS LTD V E ROBINS LTD
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c26653
_d26653