Cases - I & H Caplan Ltd v Caplan (No 2)

Record details

Name

I & H Caplan Ltd v Caplan (No 2)

Date

[1963]

Citation

1 WLR 124

Legislation

Landlord and Tenant Act 1954

Keywords

Lease renewal

Summary

The tenants were in occupation of the premises for the purposes of their retail business at the time when they made an application for a new tenancy and for some time afterwards. It was held on the hearing of a preliminary issue that the landlord had proved a ground of opposition to the new tenancy. The tenants appealed against the order and they went out of occupation. Within a year, the appeal came before the Court of Appeal and was allowed, the effect of which was that the landlord's ground of opposition was not established. The tenants went back into occupation. The landlords claimed that the thread of continuity had been broken. It was held that the thread of continuity had not been broken. A tenant does not lose protection of the 1954 Act simply by ceasing to occupy the premises.