Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury v Whitbread Plc
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1995 |
| Date | 30 January 1995 |
| Court | Chancery Division |
Chancery Division
Before Judge Roger Cooke
Lease - market determines hold-over rent
Where a lessee held over under a lease with the consent of the lessor but there was evidence that the parties were in disagreement as to the rent to be paid, there was no presumption that the rent continued to be the rent under the lease. The appropriate rent was the market rent.
Judge Cooke so held in a reserved judgment sitting as a judge in the Chancery Division on an action by the Dean and Chapter of the Cathedral and Metropolitan Church of Christ Canterbury, the lessor of a public house known as the Tudor Tavern for mesne profits/damages for use and occupation of the premises at a rate of £55,000 a year from the lessee, Whitbread plc.
Mr Anthony Radevsky for the landlord; Mr Louis Schaffer for Whitbread.
HIS LORDSHIP said that Whitbread was the lessee of the Tudor Tavern public house with an adjoining restaurant under a lease that expired on September 28, 1991. The lessee remained in possession of the premises for just under a year but had not as yet paid any rent.
The rent under the lease was £27,500 a year and was the sum which the lessee proposed it should pay for the period in which it had held over under the lease. The rent claimed by the lessor was £55,000, a sum paid by the tenant who succeeded Whitbread.
The lessee was a tenant at will. The initial purpose of the holding over had been to negotiate terms for a new tenancy but agreement was never reached about the amount of the rent to be paid.
The basic rule in Woodfall, Landlord and Tenant (volume 1, release No 27 at 6.062) was that where there was a tenancy at will at a...
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