000 01723cab a2200265 4500
001 ABS46609
008 090401t1992 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u58858
041 _aeng
245 _aHerbert Duncan Ltd V Cluttons
260 _c1992
350 _a0
490 _aEstates Gazette
_v(1992) 22 EG 110-116(4)
520 _aQBD 20 December 1991. The plaintiff C was the leasehold owner of premises. By an underlease they demised the premises to the defendant H for a period of five years at a rent of £70,000pa. In 1988 H assigned the residue of the term of the lease to a third party. In July 1989 C served on the assignee a notice under Landlord and Tenant Act 1954 s25 terminating the lease. H gave notice that they were not willling to give up the tenancy and applied to HC for a new tenancy under Part II of the Act. H however later discountinued this action and his occupation of the premises ended in February 1991. It was agreed on an interim rent of £200,000pa from 25 March 1990 for as long as the lease continued. The asssignee paid £60,794 towards this rent before going into receivership leaving a balance of £113,452. H claimed this sum from C as the tenant. The court therefore had to decide whether C as the original tenant is liable to pay the balance of the interim rent. It is held that C should pay thi
650 _aASSIGNMENT OF LEASES
650 _aBUSINESS TENANCIES
650 _aInsolvency
_96247
650 _aINTERIM RENT
650 _aLANDLORD AND TENANT ACT 1954 PART II
650 _aLANDLORD AND TENANT ACT 1954 S25
650 _aTERMINATION OF LEASE
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c35994
_d35994