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Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease. Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed … Continue reading Landmaster Properties Limited v Thackeray Property Services Limited: 2003

Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

The court was asked whether the plaintiff lessors were entitled to leave to commence proceedings against the lessee defendants for damages under section 1(2) of the 1938 Act for breach of a repairing covenant, even though the lessors had themselves remedied the breach before purporting to give the lessees a notice such as is specified … Continue reading Sedac Investments Ltd v Tanner and others: ChD 6 May 1982

Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd: 1956

The lease provided for re-entry for breach of covenant. The landlord served a notice requiring repairs and payment of compensation on both the tenant and the mortgagee. The mortgagees served a counter-notice, and the landlord proceeded against the tenant alone. The tenant argued that the counter-notice operated to trigger the requirement for proceedings to begin … Continue reading Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd: 1956

Agricullo Ltd v Yorkshire Housing Ltd: CA 16 Mar 2010

The landlord sought leave to appeal against a refusal to award it costs associated with the service of a section 146 notice on the tenant. The tenant had covenanted to repair, and to indemnify the landlord against expenses of such notices. The tenant had claimed the benefit of having given a notice under the 1938 … Continue reading Agricullo Ltd v Yorkshire Housing Ltd: CA 16 Mar 2010

Acts

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Target Home Loans Ltd v Iza Ltd: CC 20 Jan 2000

(Central London County Court) The bank recovered possession of leasehold premises. The landlord served a notice requiring repairs on the tenant, but refused to allow the mortgage in possession a key to enter the property. They then claimed to have recovered possession peacefully. The bank applied for relief from forfeiture and succeeded. The notice was … Continue reading Target Home Loans Ltd v Iza Ltd: CC 20 Jan 2000