Cases - Gold v Brighton Corporation
Record details
- Name
- Gold v Brighton Corporation
- Date
- [1956]
- Citation
- 1 WLR 1291
- Legislation
- Keywords
- Lease renewal - repairing obligations and service charges
- Summary
-
Where the current tenancy included an open user covenant, the Court of Appeal restricted the user to the tenant's business as a dealer in new and secondhand furs and ladies' and children's wear. Two points of principle emerge:
- the primary purpose of the 1954 Act is to protect the tenant in his business and strong and cogent evidence is required to restrict him carrying on an important part of it and on that basis the landlord failed in its attempt to prohibit secondhand sales;
- however, the purpose of the Act is not to confer on the tenant a 'new saleable asset' and it was therefore not appropriate to insert in the new tenancy the former widely drafted user clause.