Cases - Esselte AB v Pearl Assurance plc
Record details
- Name
- Esselte AB v Pearl Assurance plc
- Date
- [1997]
- Citation
- 1 WLR 891
- Legislation
- Keywords
- Landlord and tenant – business premises – cessation of occupation for business purposes before expiry of term – tenancy determined by effluxion of time at end of contractual term - landlord and Tenant Act 1954, s24
- Summary
-
The contractual term of the tenancy expired on 14 February 1993. The tenant had ceased to occupy the property for the purposes of its business by 6 December 1992, but, on 15 January 1993, served notice under section 27 of the 1954 Act determining the tenancy on 24 June 1993.
The tenant paid the rent due up to 14 February 1993, but the landlord claimed to be entitled to rent up to 24 June 1993 when the section 27 notice expired.
The Court of Appeal held that where a tenant ceased to occupy the property for the purposes of its business before the expiry of the contractual term, the tenancy came to an end at the expiry of the term and not on the later expiry of notice given under section 27 of the 1954 Act.