Cases - Aspinall Finance Ltd v Viscount Chelsea

Record details

Name
Aspinall Finance Ltd v Viscount Chelsea
Date
[1989]
Citation
1 EGLR 103
Legislation
Keywords
Lease renewal
Summary

The tenant, A, applied for a new tenancy of premises which had been used as a gaming club. The premises ceased to be physically occupied in 1984 because the Aspinall group of which A was a part, wished to run a gaming club in a more attractive building in a different area of London. To do this it required a gaming licence, which could only be obtained by the surrender of the licence covering the premises. However, it was their intention to reopen the premises as a gaming club as soon as a new lease under the 1954 Act and a fresh licence could be obtained. A applied for a new lease in 1986. It was held that the 'thread of continuity' had been broken. In 1984 the tenants had a clear commercial choice. They exercised it, ceased to carry on business, and had not carried it on since.