fortiture for other breaches

Question 1

Where is the process set out

Answer 1

146 LPA 1925. The landlord must firstly serve a notice to the lessee, and the lessee must then fail, within a reasonable time to remedy the breach and compensate the lessor

Question 2

Case for specifying the breach

Answer 2

Akici v LR Butlin: the breach of a covenant not to share possession of business premises after apizza takeaway restaurant (not the lessee) started trading at the lessor’s business premises. The notice alleged that the lessee had “parted with possession”. S 146 did not mention sharing possession, but on the facts this was the only established breached, so notice on that ground was void.

Question 3

Case for requiring remedy

Answer 3

Require a remedy if one is available – no remedy was available inGlass v Kencakes
Glass v Kencakes: The lessee was granted a lease to use flats for non-business purposes. The flats were used for business purposes, that business being prostitution. The notice was not effective. The notice did not require a remedy if available

Question 4

Case for compensation

Answer 4

Require compensation in money – but only if the landlord wishes to be compensated. InRugby School v Tannahill, school governors did not want to be compensated with money sourced fromimmoral activities. Landlord was the school and the tenant had used the premises for purposes of prostitution and school concerned with adverse publicity if received compensation which may result in publicity.