The lessee’s mortgagee appointed a receiver who distrained. The lessee sued for wrongful distress. At trial Darling J directed the jury that the distress was illegal, as the title of the mortgagees had determined at the time of the purported distraint.
Held: The Court of Appeal dismissed the appeal.
Collins MR observed: ‘It is clear law that though a tenant cannot deny the title of his landlord to deal with the premises, he may prove that the title has determined. That fact was abundantly proved, and there was certainly no estoppel arising from any act of the tenant which could induce the mortgagees to suppose that they were acting on an admission that the relation of landlord and tenant existed when the distress was put in. This defence also fails, and the appeal must be dismissed.’
Stirling LJ said: ‘I come, therefore, to the conclusion that the lease was forfeited and gone from the time when the writ was served, and that consequently there was no right of distress against the plaintiff.’
Collins MR
[1903] 2 KB 304, [1900-3] All ER 525
England and Wales
Cited by:
Cited – Warborough Investments Ltd v Berry and others ChD 18-Dec-2003
The landlord sought to recover arrears of rent after forfeiting the lease. The lease had been held by trustees for a youth centre.
Held: The lease clearly intended that the liability of the trustee’s did not extend beyond those assets they . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.194930