Source: All England Reporter
Publisher Citation: [2005] All ER (D) 383 (Nov)
Court: Chancery Division

Hart J

Representation Michael Waterworth (instructed by Horsey Lightly Fynn, Bournemouth) for the Pt 20 claimant.
  Richard Edwards (instructed Bells Potter, Farnham) for the Pt 20 defendant.
Judgment Dates: 29 November 2005


Landlord and tenant - Lease - Construction - Breach of covenant - Recovery of costs incurred by landlord as result of tenant's breach of covenant - Whether landlord entitled to recover costs following forfeiture of lease.

The Case

On the true construction of a lease, the landlord's right to carry out works to the demised land and to charge the tenant for them had already accrued at the date of the forfeiture of the lease, and the effect of the forfeiture had not been to rob the landlord of that right.

Practice Areas

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