Regnart v Porter and Another
| Jurisdiction | England & Wales |
| Judgment Date | 03 May 1831 |
| Date | 03 May 1831 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 174
COURT OF COMMON PLEAS
S. C. 5 Moo. & P. 370; 9 L. J. C. P. (O. S.) 168. Explained, Marshall v. Schofield, 1882, 52 L. J. Q. B. 61.
[451] eegnart . porter and another. May 3, 1831. [S, C. 5 Moo. & P. 370; 9 L. J. C. P. (0. S.) 168. Explained, Marshall v. Schofield, 1882, 52 L. J. Q. B. 61.] A tenant entered under an agreement, containing stipulations for a lease at 251. a year, and an engagement by the landlord to complete certain erections. The erections were never completed, and the tenant never paid any rent; but being called on after some years' occupation, said he was ready to pay what was due, provided the erections were completed, and an .allowance made him for the expense of some repairs : -Held, that a demise at a rent certain could not be implied so as to entitle the landlord to distrain. Replevin. Avowry for four years' rent due at Midsummer 1830; and the question was, Whether a demise at a rent certain could be Collected from the following circumstances. In June 1826 the Plaintiff and Defendant entered into the following agreement:- "Thomas Porter agrees to let on lease, and Phillip Eegnart agrees to take a lease and execute a counterpart of the house and premises situated and being at the north-east corner of Poole Street and Bridport Place, Hoxton, in the parish of St. Leonard, Shoreditch, for a term of sixty years from Midsummer next ensuing, at the rent of 251. payable quarterly, clear of all deductions and abatements whatsoever; and to insure the said premises from fire, in the joint names of the said Thomas Porter and the superior landlord, and the said Phillip Eegnart; such lease to contain the same covenants as the other leases granted by Henry Charles Sturt Esq., in the same estate. And the said Thomas Porter agrees to complete the said house and premises fit for habitation and occupation, with all proper locks, &c. forthwith. And the said Thomas Porter agrees to allow the said Phillip Eegnart 151. towards erecting and completing an oven for the uses of the shop as a baker's, and to fix a bresummer in the back front window, in the basement. And the said Phillip Eegnart agrees to erect and build a good and substantial oven, with all iron-work, labour, and materials to complete the same fit for use forthwith. The said rent to commence at Michaelmas-day next ensuing. And it is further agreed that each party [452] doth bind himself, his executors, administrators, and...
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