The tenant had a three year term, subject to a covenant against assignment, having been refused permission to assign, he took on the second defendant as a caretaker to look live in and look after the flat while he was away. He told the landlords that this was not happening and that there had been no assignment, and he continued to pay the rent. The tenancy became a statutory tenancy. The plaintiff purchased the freehold and sought possession. The court found the landlord had no knowledge of the breach, and was not prevented from recovering possion by any waiver.
Held: The tenant’s appeal failed. The landlord’s suspicion was not enough to displace the clear representation from the defendant. The landlord had not had notice of the breach.
(1987) 54 P and CR 257, (1987) 19 HLR 406
England and Wales
Landlord and Tenant
Updated: 10 December 2021; Ref: scu.245834