The tenant had been held by the judge to have known of the use by his sub-tenant of the premises as a brothel, or at best to have shut his eyes deliberately to it.
Held: Although the subtenant had been removed, the breach was not remediable and the continued presence on the premises of the tenant who had knowingly suffered the prostitution to take place continued the stigma on the premises. A breach of covenant involving an illegal or immoral use is not capable of remedy so as to allow relief from forfeiture.
[1985] 2 EGLR 97
England and Wales
Cited by:
Cited – Akici v LR Butlin Ltd CA 2-Nov-2005
The tenant appealed against forfeiture of his lease for breach of a qualified covenant against assignment. It was said that the tenant had attempted to hide from the landlord the assignment of the premises to his company or its shared occupation. . .
Cited – Patel and Another v K and J Restaurants Ltd and Another CA 28-Oct-2010
The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 October 2021; Ref: scu.234414