Waiver of a breach of covenant
Wilkinson, H. W.
Waiver of a breach of covenant - 1996 - New Law Journal 146(6765) 25 October 1996, 1545-1546(2) .
Considers the accidental waiver of breaches of covenant with reference to "Cornillie v Saha and Bradford & Bingley Building Society". Mr and Mrs Saha purchased a long lease on flat 18, Mrs C brought flat 19 beneath. Mrs C found it was necessary to perform repairs due to water penetration from the flat above. Mr C later brought on his wife`s behalf the freehold reversion of the block. Mrs C asked for access to number 18 to carry out repair work on plumbing etc, it turned out the flat was sublet to numerous occupants. When Mr C asked for re-entry due to a breach of covenant it was argued that by requesting access to the other flat C had waived the breach of covenant.
BREACH OF COVENANT
CORNILLIE V SAHA AND BRADFORD AND BINGLEY BUILDING SOCIETY
LAW OF PROPERTY ACT 1925 S146
SUBLETTING
WAIVER OF BREACH OF COVENANT
Waiver of a breach of covenant - 1996 - New Law Journal 146(6765) 25 October 1996, 1545-1546(2) .
Considers the accidental waiver of breaches of covenant with reference to "Cornillie v Saha and Bradford & Bingley Building Society". Mr and Mrs Saha purchased a long lease on flat 18, Mrs C brought flat 19 beneath. Mrs C found it was necessary to perform repairs due to water penetration from the flat above. Mr C later brought on his wife`s behalf the freehold reversion of the block. Mrs C asked for access to number 18 to carry out repair work on plumbing etc, it turned out the flat was sublet to numerous occupants. When Mr C asked for re-entry due to a breach of covenant it was argued that by requesting access to the other flat C had waived the breach of covenant.
BREACH OF COVENANT
CORNILLIE V SAHA AND BRADFORD AND BINGLEY BUILDING SOCIETY
LAW OF PROPERTY ACT 1925 S146
SUBLETTING
WAIVER OF BREACH OF COVENANT