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Landlord and tenant – Lease. The Chancery Division held that the claimant was entitled to summary judgment on its claim against the first defendant (Dreamland) for delivery up of a mural, attributed to Banksy, which had been removed by Dreamland from the building of which it was the tenant. Dreamland had no reasonable prospect of establishing that it had been entitled, let alone obliged, to remove the mural in compliance with its repairing obligation under the lease. Further, the contention that, once removed from the building in compliance with its covenants under the lease, the mural became the property of Dreamland, rather than the landlord, by virtue of an implied term in the lease, was unsustainable as a matter of law.
Landlord and tenant – Lease. The Chancery Division held that the claimant was entitled to summary judgment on its claim against the first defendant (Dreamland) for delivery up of a mural, attributed to Banksy, which had been removed by Dreamland from the building of which it was the tenant. Dreamland had no reasonable prospect of establishing that it had been entitled, let alone obliged, to remove the mural in compliance with its repairing obligation under the lease. Further, the contention that, once removed from the building in compliance with its covenants under the lease, the mural became the property of Dreamland, rather than the landlord, by virtue of an implied term in the lease, was unsustainable as a matter of law.
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