Fuller and another v Judy Properties Ltd
Fuller and another v Judy Properties Ltd
- 1991
- Estates Gazette (1991) 31 EG 63-66(3) .
ChD 15 October 1991. On discovering that the lease had been assigned in breach of covenant against assignment without landlord`s consent, the landlord issued a notice under Law of Property Act 1925 s146 to the previous tenant but this was invalid as title was vested in new tenants, who were themselves then issued with a notice. This was invalidated because the landlords had re-entered the property and changed the locks before issuing the notice. Tenants were found to be entitled to keys and damages for unlawful entry.
COVENANTS AGAINST ASSIGNMENT
FORFEITURE
LEASES
REENTRY
ChD 15 October 1991. On discovering that the lease had been assigned in breach of covenant against assignment without landlord`s consent, the landlord issued a notice under Law of Property Act 1925 s146 to the previous tenant but this was invalid as title was vested in new tenants, who were themselves then issued with a notice. This was invalidated because the landlords had re-entered the property and changed the locks before issuing the notice. Tenants were found to be entitled to keys and damages for unlawful entry.
COVENANTS AGAINST ASSIGNMENT
FORFEITURE
LEASES
REENTRY