||All England Reporter
|| All ER (D) 411 (Mar)
|| EWCA Civ 367
||Court of Appeal Civil Division
Potter, Arden LJJ and Sir Denis Henry
||Kim Lewison QC and Wayne Clark (instructed by Berwin Leighton) for the landlord.
||Nicholas Dowding QC (instructed by Ann Charlton) for the tenant.
||26 March 2002
Landlord and tenant - Business premises - Continuation of tenancy - Landlord serving notice of determination of business tenancy - Tenant serving counter-notice on landlord and applying for new tenancy - Tenant vacating premises prior to contractual term date - Whether tenant liable for rent for three months after application for new tenancy - ss 25, 64(1)(c).
Where a landlord of business premises served a notice under s25 of the and the tenant served a counter-notice on the landlord and made an application for a new tenancy, the tenant ceased to be liable for rent if it changed its mind about wanting a new tenancy and went out of occupation prior to the contractual term date, as where a tenancy had been forfeited after a s25 notice was served, the tenancy would end on the date of forfeiture.
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