A covenant requiring a tenant not to suffer’ an action required it to be something which the covenantor had the power to prevent.
Mr Justice Luxmoore said: ‘I think there may well be as a matter of construction substantial difference between the word ‘permit’ and the word ‘suffer’. But as I say it is not material to consider it here. The word in the case before me is ‘suffer’, and any way that must cover allowing something to be done which the covenantor has the complete power to prevent.’
Mr Justice Luxmoore
[1932] Ch 362
England and Wales
Cited by:
Cited – Courtney Lodge Management Ltd v Blake and Others CA 1-Jul-2004
The tenant appealed forfeiture proceedings for the failure sof subtenants to repair the property.
Held: Section 146 notices which were to lead to forfeiture were required to give a reasonable time to comply with the notice. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 18 December 2021; Ref: scu.199230
