The Law Reports (Queen's Bench Division)
[1976] QB 345
[COURT OF APPEAL]
FARRELL AND ANOTHER v. ALEXANDER
[Plaint No. 7352942]
1975 July 3,
4;
30
Lord Denning M.R., Lawton and Scarman L.JJ.
Landlord and Tenant
— Rent restriction
— Premium
— Proposed agreement to assign protected tenancy for sum to include fixtures and fittings
— Landlord accepting surrender of old lease by outgoing tenant and granting new lease to incoming tenants
— Sum paid by new tenants to original tenant for fittings etc. in excess of value
— Whether excess recoverable
—
Rent Act 1968 (c. 23), ss. 85, 86, 89 (1), 90 (1)
[1]
Judicial Precedent
— Court of Appeal decision
— Statutory construction
— “A person” given restricted meaning in earlier Court of Appeal decisions
— Whether “any person” in consolidating Act to be construed more widely
— Whether earlier decisions binding
—
Rent Act 1968, s. 85 (1)
Statute
— Construction
— Prior enactments
— Whether “any person” in consolidating Act to be construed more widely than “a person”
—
Rent Act 1968, s. 85 (1)