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 only with consent.
Held: The tenant could not rely upon the mortgagee’s counter-notice, and leave was not required to proceed against the tenant alone. The landlords had no obligation to serve the original notice on the mortgagees.
Judges:
Goddard LCJ
Citations:
[1957] 1 QB 238, [1956] 3 WLR 990, 100 Sol Jo 875
Statutes:
Leasehold Property (Repairs) Act 1938 1(2), Law of Property Act 1925 146
Cited by:
Cited – Smith v Spaul CA 16-Dec-2002
The landlord sought to forfeit the lease for breach of a repairing covenant. The mortgagee had gone into possession, and having received the s146 notice, had served a counter-notice under the 1938 Act. The mortgagee having assigned the lease to the . .
Cited – Old Grovebury Manor Farm Ltd v W Seymour Plant Sales and Hire Ltd and Another CA 21-Jun-1979
The plaintiffs granted a business lease to the defendants for three years. The tenant covenanted not to assign the lease without the written consent of the landlord, such consent not to be unreasonably withheld in the case of a respectable tenant. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 29 April 2022; Ref: scu.183195