Cases - Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd

Record details

Name

Kammins Ballrooms Co Ltd v Zenith Investments (Torquay) Ltd

Date

[1970]

Citation

3 WLR 287

Legislation

Landlord and Tenant Act 1954

Keywords

Party walls - Landlord and Tenant Act 1954

Summary

This case concerned whether an application to the Court under the Landlord and Tenant Act 1954 had been made within the time limits, although this time the question was whether it had been made prematurely (the Act providing that it must be made not less than 2 and not more than 4 months after the tenant's request). The House of Lords decided that the parties could agree that an application to the court could be made, even though the notice had not been served in accordance with the time limit in the Act. On the facts of the case, however, they decided that there had been no such agreement, nor had the time limit been waived.