Fort Regent Dev. Cttee. v Regency Suite Ltd. [1990] JLR 321 (04 December 1990)

The court held that it could not consider breaches of covenant prior to the agreement when deciding whether to set aside the contract lease, as such breaches were subject to estoppel.

Citation: [1990] JLR 321
Parties: Applicant: Fort Regent Development Committee; Respondent: Regency Suite Ltd.
Jurisdiction: Jersey
Judgment Date: 04 December 1990
Procedural Posture: Landlord and Tenant Dispute / Judgment
Outcome: Application to set aside contract lease denied
Legal Topics: Determination of Lease, Contract Lease, Estoppel

Landlord and Tenant Determination of Lease Contract Lease Estoppel

Case Brief

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Parties

Fort Regent Development Committee

Applicant

Regency Suite Ltd.

Respondent

Procedural Posture

Landlord and Tenant Dispute / Judgment

Legal Issues

1 Whether the court can consider breaches of covenant prior to the agreement when deciding whether to set aside a contract lease

Ratio Decidendi

The court held that it could not consider breaches of covenant prior to the agreement when deciding whether to set aside the contract lease, as such breaches were subject to estoppel.

Court Disposition

Application to set aside contract lease denied