Kishenin (t/a Beiderbeckes Hotel And Restaurant) v Kalkstein-Bleach & Ors

Kishenin (t/a Beiderbeckes Hotel And Restaurant) v Kalkstein-Bleach & Ors

There was no enforceable tenancy or agreement for occupation after 27 May 2014 due to uncertainty and lack of agreed terms; the claimant is entitled to possession and a declaration of beneficial ownership.

Parties
Claimant: Vladimir Kishenin t/a Beiderbeckes Hotel and Restaurant; First Defendant: Peter Von Kalkstein-Bleach; Second Defendant: Sadie Isabella Shard; Third Defendant: Beiderbecke’s Limited; Fourth Defendant: Scarborough Cocktails Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2014
Procedural Posture
Civil / Judgment After Hearing on Possession and Beneficial Ownership
Outcome
Claim allowed
Legal Topics
Possession of Property, Tenancy Agreements, Certainty in Contracts, Beneficial Ownership, Costs
Property Law Contract Law Civil Procedure Possession of Property Tenancy Agreements Certainty in Contracts Beneficial Ownership Costs

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Parties

Vladimir Kishenin t/a Beiderbeckes Hotel and Restaurant

Claimant

Peter Von Kalkstein-Bleach

First Defendant

Sadie Isabella Shard

Second Defendant

Beiderbecke’s Limited

Third Defendant

Scarborough Cocktails Limited

Fourth Defendant

Procedural Posture

Civil / Judgment After Hearing on Possession and Beneficial Ownership

Legal Issues

  1. 1 Whether the claimant is entitled to immediate possession of the property
  2. 2 Whether the claimant is the sole beneficial owner of the business
  3. 3 Whether there was a valid tenancy or enforceable agreement after 27 May 2014

Ratio Decidendi

There was no enforceable tenancy or agreement for occupation after 27 May 2014 due to uncertainty and lack of agreed terms; the claimant is entitled to possession and a declaration of beneficial ownership.

Court Disposition

Claim allowed

Orders

  • Claimant entitled to immediate possession of the property at 1-3 The Crescent, Scarborough, North Yorkshire Y011 2PW (Title Number NYK113384)
  • Declaration that the claimant is the sole beneficial owner of the business