Ganton House Investments Ltd v Punch Pub Company (VPR) Ltd & Ors [2002] EWCA Civ 1288 (28 August 2002)

Ganton House Investments Ltd v Punch Pub Company (VPR) Ltd & Ors [2002] EWCA Civ 1288 (28 August 2002)

The grounds for appeal regarding the effect of the supplemental agreement and the enjoyment of parking rights in connection with the holding are properly arguable and have a real prospect of success; permission to appeal is granted.

Citation
[2002] EWCA Civ 1288
Parties
Claimant/respondent: Ganton House Investments Limited; Defendant/applicant: Punch Pub Company (VPR) Limited; Defendant/respondent: Stuart Shaun Raymond Tucker; Defendant/respondent: Heather Ann Tucker
Jurisdiction
England and Wales
Judgment Date
28 August 2002
Procedural Posture
Appeal / Permission to Appeal Out of Time
Outcome
Permission to appeal allowed
Legal Topics
Lease Variation, Parking Rights, Renewal of Tenancy, Supplemental Agreements
Property Law Landlord and Tenant Lease Variation Parking Rights Renewal of Tenancy Supplemental Agreements

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Parties

Ganton House Investments Limited

Claimant/respondent

Punch Pub Company (VPR) Limited

Defendant/applicant

Stuart Shaun Raymond Tucker

Defendant/respondent

Heather Ann Tucker

Defendant/respondent

Procedural Posture

Appeal / Permission to Appeal Out of Time

Legal Issues

  1. 1 Whether parking rights granted by a supplemental agreement are part of the lease and continue upon renewal under the Landlord and Tenant Act 1954
  2. 2 Whether the court can grant parking rights corresponding to those granted in a supplemental agreement when determining terms of a new tenancy

Ratio Decidendi

The grounds for appeal regarding the effect of the supplemental agreement and the enjoyment of parking rights in connection with the holding are properly arguable and have a real prospect of success; permission to appeal is granted.

Court Disposition

Permission to appeal allowed

Orders

  • Time for lodging appellant's notice extended
  • Permission to appeal granted to Punch Pub Company (VPR) Limited