Kishenin (t/a Beiderbeckes Hotel And Restaurant) v Kalkstein-Bleach & Ors [2014] EWHC 3416 (Ch) (28 July 2014)

Kishenin (t/a Beiderbeckes Hotel And Restaurant) v Kalkstein-Bleach & Ors [2014] EWHC 3416 (Ch) (28 July 2014)

The alleged tenancy agreement for occupation beyond the initial one-year period was incomplete and void for uncertainty, so no enforceable contract existed; claimant is entitled to immediate possession and declaration of sole beneficial ownership.

Citation
[2014] EWHC 3416 (Ch)
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
Possession Claim and Declaration of Beneficial Ownership / Judgment After Hearing
Outcome
Claim allowed
Legal Topics
Tenancy, Licence, Agreement to Agree, Beneficial Ownership, Consideration, Certainty of Terms
Property Law Contract Law Tenancy Licence Agreement to Agree Beneficial Ownership Consideration Certainty of Terms

Case Brief

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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

Possession Claim and Declaration of Beneficial Ownership / Judgment After Hearing

Legal Issues

  1. 1 Whether the defendants have a valid tenancy or licence to occupy the property
  2. 2 Whether the claimant is entitled to immediate possession of the property
  3. 3 Whether the claimant is the sole beneficial owner of the business

Ratio Decidendi

The alleged tenancy agreement for occupation beyond the initial one-year period was incomplete and void for uncertainty, so no enforceable contract existed; claimant is entitled to immediate possession and declaration of sole beneficial ownership.

Court Disposition

Claim allowed

Orders

  • Defendants to vacate the property immediately
  • Declaration that claimant is sole beneficial owner of the business