For example, a local authority may rent a house to a tenant who then sublets a room to a subtenant.
In these cases the middle tenant is known as a 'mesne' tenant (pronounced 'mean').
The court may order the return of an original exhibit provided an appropriate copy or a duplicate is substituted therefor.(g) Withdrawal of Papers.
Papers on file in the office of the clerk shall not be taken from the office by any person except a judge of the court, or upon a judge's written authorization, which shall specify the papers to be taken, the person who may take them, and shall be filed by the clerk in the appropriate place in the clerk's records.(1) The certified transcript of testimony of any proceeding shall be furnished by the authorized transcriber formatted for 81/2 by 11 inch paper having 25 lines per page with total combined margins of text not to exceed 2 and 1/8 inches.(i) Review of Probate Proceedings.
The landlord counter-claimed for possession and mesne profits.
The Court held that although the breach was incurable, and would continue to be incurable until an assignee was found and the store opened for business, SHB was granted relief from forfeiture until 28 June 2019 to allow it time to find a buyer, failing which the lease would be forfeit.All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the county.No hearing, other than one (e) Determination of Matters Within Sixty Days; Report.The lease contained a ‘keep open’ covenant to maintain trade at the store and a landlord’s right to forfeit (terminate) in the event of a breach of covenant.In 2016, BHS ceased to trade and went into liquidation, changing its name to SHB Realisations Limited (SHB).Rule 91(f) is a combination of former Rule 77(j) of the Arizona Rules of Civil Procedure and former Rule XIX of the Uniform Rules of Practice of the Superior Court.Rule 91(g) is former Rule 79(e) of the Arizona Rules of Civil Procedure, and Rules 91(h)(1), (h)(2) and (i) are, respectively, former Rules XVIII(a), XVIII(b) and IX of the Uniform Rules of Practice of the Superior Court. At a time when the retail industry is seeing a number of high profile closures, this case will be of interest to both landlords and tenants as well as insolvency practitioners.In 1998, British Home Stores (BHS) took a lease of shop premises at a shopping mall in Bristol for a term of 125 years at a premium of £7 million and at a peppercorn rent.In this case the Court illustrated that where a breach of covenant is irremediable, and the landlord is suffering ongoing damage, strict conditions, particularly time limits will be imposed on a tenant seeking relief from forfeiture.The case also shows that a long lease (even one granted at a significant premium) can be forfeited in the event of a persistent breach of covenant, even where the consequence would be a loss to the tenant and a potential windfall to the landlord.