000 01485cab a2200241 4500
001 ABS45934
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u55968
041 _aeng
245 _aMontross Associated Investments SA v Moussaieff
260 _c1992
350 _a0
490 _aProperty and Compensation Reports
_v(1992) 63 PCR 31-37(8)
520 _aCA 27 June 1991. The defendants M carried on business as a jewellery shop in the foyer of the Hilton Hotel. Leases of two premises in Park Lane were assigned to them and negotiations resulted in a single lease. By a clause in that lease M covenanted not to use the premises for certain purposes and to use them for the business of high class retailers. M never occupied one of the properties and used the other for storage and administration of the jewellers. The plaintiffs alleged that this was a breach of covenant. At the first hearing it was held that there was no breach however the landlords appealed. The appeal was dismissed on the grounds that the premises were used for the business of high class retailers and the omission to use the second is not a breach as the two premises having been let as a whole should be viewed as a whole.
650 _aBREACH OF COVENANT
650 _aBUSINESS TENANCIES
650 _aJEWELLERS
650 _aRESTRICTED USE
650 _aUSER COVENANTS
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c34190
_d34190