Metropolitan Police District, Receiver For The v Palacegate Properties Ltd [2000] EWCA Civ 33 (9 February 2000)

Metropolitan Police District, Receiver For The v Palacegate Properties Ltd [2000] EWCA Civ 33 (9 February 2000)

The lease, despite a change in the rent payment schedule from the draft, was not materially different for the purposes of section 38(4)(a), and the exclusion of statutory protection was valid. The presence of break clauses did not prevent the lease from being a term of years certain. The lease expired by effluxion of time and the landlord was entitled to possession.

Citation
[2000] EWCA Civ 33
Parties
Landlord: Receiver for the Metropolitan Police District; Tenant: Palacegate Properties Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2000
Procedural Posture
Appeal / Judgment on Appeal From Central London County Court
Outcome
Appeal allowed
Legal Topics
Security of Tenure, Exclusion of Statutory Protection, Term of Years Certain, Break Clauses, Lease Construction
Landlord and Tenant Law Property Law Security of Tenure Exclusion of Statutory Protection Term of Years Certain Break Clauses Lease Construction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Receiver for the Metropolitan Police District

Landlord

Palacegate Properties Ltd

Tenant

Procedural Posture

Appeal / Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the lease was excluded from the security of tenure provisions of the Landlord and Tenant Act 1954 by a valid court order under section 38(4)(a)
  2. 2 Whether the lease was for a 'term of years certain' within the meaning of the Act given the presence of break clauses
  3. 3 Whether changes between the draft lease submitted to the court and the executed lease invalidated the exclusion of statutory protection

Ratio Decidendi

The lease, despite a change in the rent payment schedule from the draft, was not materially different for the purposes of section 38(4)(a), and the exclusion of statutory protection was valid. The presence of break clauses did not prevent the lease from being a term of years certain. The lease expired by effluxion of time and the landlord was entitled to possession.

Court Disposition

Appeal allowed

Orders

  • Declarations made by the judge set aside
  • Order for possession against the defendant