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Periodic tenancy – annual street fairs – exclusive possession – covenant for quiet enjoyment

Commercial Leases

Periodic tenancy – annual street fairs – exclusive possession – covenant for quiet enjoyment

Holland v Oxford City Council [2016] EWHC 2545 (Ch) (Master Bowles) (17 October 2016)

The basic facts The claimant (Mrs Holland) asserted that she had a tenancy over two sites (129 and 130), of parcels of land, which have been occupied by her, over a number of years, at the annual St Giles Fair in Oxford. Mrs Holland is a member of a showman family and a well-known member of the travelling fairground community. Mrs Holland brought the claim seeking a declaration as to the extent of the two sites, and damages for breach of covenant for quiet enjoyment. Mrs Holland claimed that in the years 2013, 2104 and 2015 she had been denied the full use of the sites and was unable to deploy a fairground attraction, being a ‘ride’ known as the ‘Cyclone’ which she had intended to deploy in each of those years.

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