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Balabel v Mehmet

Language: English Series: Estates Gazette ; (1990) 26 EG 176Publication details: 1990Subject(s): Summary: CA 24 November 1989. Appeal by B against the High Court`s decision refusing to allow a claim for damages against temporary dispossession . B as purchaser and M as vendor agreed to assign lease of premises (under covenant with landlord) for use as licensed premises . Until the landlord agreed to assign the licence, under the National Conditions of Sale 19 ed, the purchaser would remain as licensee of the vendor with the agreement that he "shall vacate the premises" if the license was not granted within the statutory time limit, which was the case. The vendor temporarily dispossessed the purchaser. On appeal CA overturned QBD`s ruling saying the purchaser was entitled to seven days notice and should have received back his deposit. Appeal allowed with costs of appeal and in the court below to be paid by M. Leave to appeal to House of Lords refused.

CA 24 November 1989. Appeal by B against the High Court`s decision refusing to allow a claim for damages against temporary dispossession . B as purchaser and M as vendor agreed to assign lease of premises (under covenant with landlord) for use as licensed premises . Until the landlord agreed to assign the licence, under the National Conditions of Sale 19 ed, the purchaser would remain as licensee of the vendor with the agreement that he "shall vacate the premises" if the license was not granted within the statutory time limit, which was the case. The vendor temporarily dispossessed the purchaser. On appeal CA overturned QBD`s ruling saying the purchaser was entitled to seven days notice and should have received back his deposit. Appeal allowed with costs of appeal and in the court below to be paid by M. Leave to appeal to House of Lords refused.