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. The tenant assigned the lease without the landlord’s consent. That assignment was effective. The landlord served a section 146 notice to forfeit the lease. The question was whether the notice should be served on the assignee or the original tenant.
Held: If the landlord’s application was granted, the notice would take effect from the day the writ was issued. The assignee was the person interested. The appeal was dismissed.
Judges:
Lord Russell of Killowen, Browne LJ
Citations:
[1979] EWCA Civ 2, 252 EG 1103, [1979] 1 WLR 1397, [1979] 3 All ER 504
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Dudley and District Benefit Building Society v Emerson 1949
The court was asked on whom a section 146 notice should be served. There had been a sub-lease granted by a mortgagor which was not binding on the paramount title of the mortgagee.
Held: The mortgagor had not such an estate or interest as . .
Cited – Kanda v Church Commisioners for England 1958
The landlord served a section 146 notice for breach of a repairing covenant. The lease had been assigned.
Held: The notice should be served on the assignee. . .
Cited – Church Commissioners for England v Ve-Ri-Best Manfacturing Co Ltd 1956
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 . .
Cited – Cusack-Smith v Gold 1958
The landlord wanted to serve a section 146 notice for breach of repairing covennat. The lease had been assigned.
Held: The person who had assigned was not entitled to receive a section 146 notice. Therefore the person on whom the notice should . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 12 November 2022; Ref: scu.245277
