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008 090401t1999 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u90683
041 _aeng
245 _aGibbs Mew plc v Gemmell, Gibbs Mew plc and another v Gemmell
260 _c1999
350 _a0
490 _aEstates Gazette Law Reports
_v[1999] 01 EG 117-125(9)
520 _aCA 22 July 1998. In 1994, the second plaintiff granted the appellant tenant (G) and his partner a tenancy of a pub, subject to a beer tie and a restriction on the sourcing of amusement machines, in order to obtain block exemption from Article 85 of the Treaty of Rome. In 1995 the first plaintiff (GM) acquired the reversion to the pub and on the expiration of the tenancy granted G a tenancy at will which included the same purchase obligations. Following G`s failure to pay rent, GM terminated the tenancy at will and in 1996 commenced the first action seeking possession and arrears of rent. The second action was begun as an alternative to the first, claiming possession and forfeiture on the grounds of non-payment of rent and breach of covenant. "Held" appeals dismissed, in the first action because Landlord and Tenant Act 1954 S38(1) had no application, and in the second action because Article 85 had no application to the beer tie.
650 _aBEER TIES
650 _aCOVENANTS
650 _aGIBBS MEW PLC AND ANOTHER V GEMMELL
650 _aGIBBS MEW PLC V GEMMELL
650 _aLANDLORD AND TENANT ACT 1954
650 _aRENT DEFAULT
650 _aTENANCY AT WILL
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c13/01/1999
999 _c57501
_d57501