Landmaster Properties Limited v Thackeray Property Services Limited: 2003

The landlord served a section 146 notice and the tenant served a counternotice under the 1938 Act. The landlord sought leave to forfeit the lease.
Held: Leave was given under ground (e) to forfeit the lease of a public house which had closed for business in 1998 and then had been vandalised and finally destroyed by fire. The landlord owned other shops in the immediate vicinity which were affected by what had become a derelict site which encouraged vandalism and caused nuisance and annoyance to neighbouring premises.

Judges:

Cox J

Citations:

[2003] EWHC 959

Statutes:

Leasehold Property (Repairs) Act 1938, Law of Property Act 1925 146

Jurisdiction:

England and Wales

Cited by:

CitedAgricullo Ltd v Yorkshire Housing Ltd CA 16-Mar-2010
The landlord sought leave to appeal against a refusal to award it costs associated with the service of a section 146 notice on the tenant. The tenant had covenanted to repair, and to indemnify the landlord against expenses of such notices. The . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant

Updated: 09 December 2022; Ref: scu.403027