Archive for October 2005
The Defendant Landlord sought permission to amend its acknowledgment of service to include a landlord’s redevelopment break option in the new lease. It was held that as the proposed amendment was made in good faith and raised a triable issue with a reasonable prospect of success it would not prejudice the tenant if permitted.
The court gave the word “victualler” in a lease the meaning of a person who supplies food and drink. The meaning was not restricted to licensed victuallers. In the crcumstances the landlord was entitled to prohibit use of premises as a sandwich shop.
The Court of Appeal held that the trial judge had erred in relying upon events post october 1991 as affirming the position at an earlier date. At the relevant time the Respondents had failed to show sufficient factual possession or intention to possess the land.