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Capital and City Holdings Ltd v Dean Warburg Ltd: CA 1988

There was no right of reimbursement under the 1870 Act of rent paid in advance even where the reddendum also included the words ‘proportionately for any part of a year’.

Citations:

(1988) 58 P and CR 346, [1989] 1 EGLR 90

Statutes:

Apportionment Act 1870

Jurisdiction:

England and Wales

Cited by:

CitedMarks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
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 . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 18 May 2022; Ref: scu.616754

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