000 01490cab a2200193 4500
001 ABS38711
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u12095
041 _aeng
245 _aAppleton v Aspin and others
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8804) 30 January 1988, 123-127(3)
520 _aCA 19 November 1987. An appeal by the protected tenant of a freehold house from a decision in the ChD granting possession of the house to the purchaser, the plaintiff, in an action for specific performance . At issue was whether the Rent Act 1977 s98(1) forbids the court from making a possession order against a protected tenant who, joining with the landlord, the vendor, agreed with the purchaser to give vacant possession on completion. Briefly, the tenant, Mrs Plane, bought a house which was conveyed to her daughter, Mrs Aspin, but she continued to live there under an " occupation agreement ". Subsequently, an agreement for the sale of the house was entered into with the plaintiff, who insisted a special condition should be included in the contract whereby Mrs Plane undertook not to enforce any right of possession or occupation against the purchaser. Both Mrs Plane and Mrs Aspin signed the contract. After completion, the tenant did not give possession to the purchaser and he started
650 _aPROTECTED TENANCY
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c7738
_d7738