Several transactions had taken place with regard to a lease of a roof void, which was to be developed for penthouses. The lease had been charged to secure funding. The development did not proceed to schedule, and a s146 notice was served. It was claimed that the breaches had been waived by the receipt of rent and the exercise of an option under the lease.
Held: The breaches had been waived. The refusal of consent to assignment was unreasonable, since the breach related to a covenant which had nothing to do with the relationship of landlord and tenant, but came from an agreement for the payment of commission.
The Hon Mr Justice Lightman
[2003] EWHC 2713 (Ch)
Bailii
Law of Property Act 1925 146
England and Wales
Citing:
Cited – Central Estates (Belgravia) Ltd v Woolgar (No 2) CA 20-Jun-1972
Right to forfeit waived by rent demand
The landlords’ managing agents learned that the tenant had been convicted of keeping a brothel at the premises and served a section 146 notice intending to forfeit the tenancy. He told his staff and instructed them not to demand or accept rent. But . .
Cited – Greenwich LBC v Discreet Selling Estates Ltd CA 1990
In the case of a continuing breach of covenant in a lease, anomalous acts of a landlord waiving a right of forfeiture may leave in force a section 146 notice served prior to the waiver in respect of breaches occurring after the acts of waiver . .
Cited – Ashworth Frazer Limited v Gloucester City Council HL 8-Nov-2001
A lease contained a covenant against assignment without the Landlord’s consent, such consent not to be unreasonably withheld. The tenant asserted, pace Killick, that the landlord could not refuse consent on the grounds that the proposed tenant might . .
Cited – Go West Ltd v Spigarolo and Another CA 31-Jan-2003
The tenant applied for a licence to assign the lease under section 1. The landlord refused consent, but the parties continued to negotiate. The tenant argued that the landlord’s continuation of negotiations showed the earlier counter-notice to have . .
Cited – BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd and Another ChD 27-Feb-2001
An office buidling had a toughened glass cladding. When a cladding plate slipped and fell, the local authority issed a dangerous structures notice. The landlord served a notice to use the Act to divest himself of responsibility for repairs.
See Also – Meretz Investments Nv v ACP Ltd QBD 27-May-2002
Meretz sued ACP for monies alleged to be due under agreements. . .
See Also – Britel Corporation Nv and Another v First Penthhouse Ltd and others CA 7-Aug-2002
Application for permission against judge’s refusal to continue interim injunctions.
Held: Leave was refused. . .
Cited by:
Appeal from – Channel Hotels and Properties (UK) Ltd v Fahad Al Tamimi and First Penthouse Ltd CA 30-Jul-2004
. .
These lists may be incomplete.
Updated: 15 July 2021; Ref: scu.187984