Cases - Pointon York Group plc v Poulton
Record details
- Name
- Pointon York Group plc v Poulton
- Date
- [2006]
- Citation
- 38 EG 192
- Legislation
- Keywords
- Landlord and tenant – occupation at expiry of lease - right to park - whether an easement to park constitutes premises – telephone and cables to be fitted – whether premises occupied for purposes of business - Landlord and Tenant Act 1954, s23
- Summary
-
In this case, reoccupation of premises by the head tenant in the three days between the expiry of the sublease and the expiry of the head lease was sufficient to establish business occupation and regain the statutory right to renew. The actions of the head tenant included installation of cabling and telephones. A further action supporting the head tenant's case was its right to use ancillary car parking spaces at the premises. In this context, the court decided that an easement to park cars can constitute 'premises' for the purposes of the 1954 Act.