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 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. Under section 44 of the 1954 Act the relevant words were ‘tenancy which will not come to an end within fourteen months or less by effluxion of time or by virtue of a notice to quit already given by the landlord’. Lord Reid held the court should look at the state of affairs as it existed on the day on which it was necessary to determine the question whether the tenancy qualified under these words. The fact that the position might change should be ignored
Judges:
Lord Reid, Lord Morris of Borth-y-gest and Lord Hodson
Citations:
[1963] AC 420
Statutes:
Landlord and Tenant Act 1954 44
Jurisdiction:
England and Wales
Citing:
Appeal from – Green v Bowes-Lyon CA 1961
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 . .
Cited by:
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.219074
