The lease contained a covenant by the lessee not to ‘part with or share the possession or occupation [of the demised premises] or of any part thereof’.
Held: The lessee had ‘retained the legal possession of the whole of the premises’ and therefore had not committed any ‘breach of covenant against parting with possession’. However, what the lessee had done ‘amounted to a sharing of the possession of part of the demised premises’.
Judges:
Romer J
Citations:
[1923] 1 Ch 373
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. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 30 April 2022; Ref: scu.234409