Source: All England Reporter
Publisher Citation: [2002] All ER (D) 411 (Mar)
Neutral Citation: [2002] EWCA Civ 367
Court: Court of Appeal Civil Division

Potter, Arden LJJ and Sir Denis Henry

Representation Kim Lewison QC and Wayne Clark (instructed by Berwin Leighton) for the landlord.
  Nicholas Dowding QC (instructed by Ann Charlton) for the tenant.
Judgment Dates: 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).

The Case

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.

Practice Areas

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