The claimant agreed for the defendant to repair its fleet of vehicles. The defendant, having fees outstanding, entered the claimants’ premises and removed vehicles saying falsely that they were to be repaired, and then refused to return them. The claimants said that they were not bound by the defendants terms saying that they had not … Continue reading Online Catering Ltd v Acton and Another: CA 10 Feb 2010
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The court was asked whether rents under leases held by the company had become expenses in the administration. Judges: Purle QC J Citations: [2009] EWHC 3389 (Ch) Links: Bailii Statutes: Law of Distress Amendment Act 1908 6 Jurisdiction: England and Wales Citing: No Longer Good law – Shackell v Chorlton 1895 . . Lists of … Continue reading Goldacre (Offices) Ltd v Nortel Networks UK Ltd: ChD 7 Dec 2009
The intermediate tenant had charged the lease to the bank, which appointed receivers. Both the sub rent and the head rent fell into arrears. The head landlord then served a notice direct on the subtenant requiring him to pay the rent direct to the head landlord. The receiver then levied distress againt the sub tenant. … Continue reading Rhodes v Allied Dunbar Pension Services Ltd: CA 1989
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015
The court considered a proposed underletting at a rent well below the current market rent, and in consideration of a substantial premium. It had been refused by the Landlord. Held: The lessor had reasonably withheld consent. It was enough that the lessor has genuine, and not ‘unfounded’ concerns, on matters relevant to the value of … Continue reading In Re Town Investments Ltd Underlease: ChD 1954
B had granted to L a sublease of premises where the rent was payable quarterly in advance. He fell into arrears with his rent and the landlord served on L a notice under the Law of Distress Amendment Act 1908 section 6 with the result that L became became liable to pay to B’s landlords … Continue reading Hildebrand v Lewis: CA 1941
The plaintiff had let and the defendant had taken a tenancy of premises at a rent payable quarterly in advance. The tenancy agreement had provided that if rent should be in arrears for 14 days the plaintiff could regain possession by re-entry. A quarter’s rent became in arrears. The plaintiff gave notice and re-entered. The … Continue reading Ellis v Rowbotham: CA 1900
