Mrs Green had a tenancy of the ground floor and basement of the property in question expiring on 1st April 1959. She occupied the basement for the purposes of her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for the purposes of her business, for a term due to expire on 31st March 1959. The landlord of Mrs Green, a Mr Wells, had a tenancy of the whole building expiring on 4th April 1959. His landlord, a Mr Rye, granted a reversionary lease of the ground floor to Mrs Bowes-Lyon for a term commencing on 5th April 1959. The question was to whom Mrs Bowes-Lyon was bound to pay the rent for the quarter ended 24th June 1959.
Held: Holroyd-Pearce LJ said of the tenancy of Mr Wells: ‘It expired on that date [4th April 1959] because the representatives of Mr. Wells were not using any part of the premises for business purposes, and therefore there was no continuance of the tenancy by the Landlord and Tenant Act.’
Judges:
Holroyd-Pearce LJ
Citations:
[1961] 1 WLR 503
Jurisdiction:
England and Wales
Cited by:
Appeal from – Green v Bowes-Lyon HL 1963
Mrs Green had a tenancy of the ground floor and basement expiring on 1st April 1959. She occupied the basement for her business. Mrs Green sublet the ground floor to Mrs Bowes-Lyon, which she occupied for the purposes of her business, for a term due . .
Cited – Esselte Ab and British Sugar Plc v Pearl Assurance Plc CA 8-Nov-1996
The tenant was no longer in occupation of the demised premises when he served a s27 notice.
Held: A business tenancy ceases at end of the lease, if the premises are not actually occupied by the tenant despite any notices given. The occupation . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 11 June 2022; Ref: scu.219075
