| 000 | 02218cam a2200253 4500 | ||
|---|---|---|---|
| 001 | ABS65740 | ||
| 008 | 020726n2002 000 0 eng u | ||
| 035 | _a(Sirsi) u119056 | ||
| 245 | _aHomebase Ltd and another v Allied Dunbar Assurance plc | ||
| 260 | _c2002 | ||
| 490 |
_aEstates Gazette _v[2002] 27 EG 144-152(9) |
||
| 490 |
_aProperty Planning and Compensation Reports _v[2003] 1 P&CR 75-90(16) |
||
| 520 | _a[2002] EWCA Civ 666, 17 May 2002. Appellant tenant (H) held a lease of commercial premises from the respondent landlord (A) which included a covenant by the tenant not to underlet the premises without first obtaining the landlord's consent. The covenant was subject to a proviso that required the rent of any underlease not to be less than full market rent, and for the underlease to contain covenants in the same terms as the lease. H made an agreement to sublet the premises to L and an underlease was prepared on the same terms as the lease. However, the parties also prepared a personal collateral deed allowing less onerous performance and indemnifying L. When H applied for A's consent, A issued proceedings seeking an order to stop the completion of the proposed underlease and collateral deed and refused H's request for consent to underlet. L withdrew and H counterclaimed that A was in breach of its duty under the Landlord and Tenant Act 1988 s1(3)(a). Counterclaim dismissed and H appealed contending that the provisions in the collateral deed were personal to H and L. "Held": appeal dismissed; the requirements of the proviso were not satisfied by the underlease when the collateral deed was read into it and A therefore was never under any duty under s1(3)(a) of the 1988 Act. View judgment at www.bailii.org. | ||
| 590 | _aABS | ||
| 650 | _aHOMEBASE LTD AND ANOTHER V ALLIED DUNBAR ASSURANCE PLC | ||
| 650 | _aLANDLORD AND TENANT ACT 1988 | ||
| 650 | _aUNDERLETTING | ||
| 650 | _aUNDERLEASES | ||
| 650 | _aCOLLATERAL DEEDS | ||
| 650 | _aPROVISOS | ||
| 690 | _aLANDLORD AND TENANT-BUSINESS TENANCIES-CASE LAW | ||
| 856 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2002/666.html&query=homebase _zView judgment on the BAILLI website... |
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| 942 | _n0 | ||
| 999 |
_c70825 _d70825 |
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