Bhojwani and another v Kingsley Investment Trust Ltd
Bhojwani and another v Kingsley Investment Trust Ltd
- 1992
- Estates Gazette (1992) 39 EG 138-144(4) .
ChD 21 May 1992. In March 1990 the plaintiffs, B, received notice under Law of Property Act 1925 s146 alleging breaches of various repairing covenants together with a schedule of dilapidations. The March instalment of rent was not paid. Two months later K, the defendants, reentered the premises. B claimed possession of the premises from K on the grounds that rentry was effected before a reasonable time for performance of the repair works had elapsed and it was therefore unlawful or they sought relief from forfeiture. They claimed £13,562 as damages for excessive distress alleging that K had impounded their stock valued at £15,00 in respect of outstanding rent of £1,437 and general damages for loss of profit and goodwill. K made a counterclaim for the outstanding quarters rent, damages for breach of the repairing covenant and a small sum for costs and expenses of reentry. In May 1991 K sold their freehold interest with vacant possession to S despite B`s claim for relief from forfeiture ...
ARREARS
BREACH OF COVENANT
LAW OF PROPERTY ACT 1925 S146
NONPAYMENT OF RENT
RELIEF FROM FORFEITURE
REPAIRING COVENANTS
REPOSSESSION
S146 NOTICES
SCHEDULE OF DILAPIDATIONS
ChD 21 May 1992. In March 1990 the plaintiffs, B, received notice under Law of Property Act 1925 s146 alleging breaches of various repairing covenants together with a schedule of dilapidations. The March instalment of rent was not paid. Two months later K, the defendants, reentered the premises. B claimed possession of the premises from K on the grounds that rentry was effected before a reasonable time for performance of the repair works had elapsed and it was therefore unlawful or they sought relief from forfeiture. They claimed £13,562 as damages for excessive distress alleging that K had impounded their stock valued at £15,00 in respect of outstanding rent of £1,437 and general damages for loss of profit and goodwill. K made a counterclaim for the outstanding quarters rent, damages for breach of the repairing covenant and a small sum for costs and expenses of reentry. In May 1991 K sold their freehold interest with vacant possession to S despite B`s claim for relief from forfeiture ...
ARREARS
BREACH OF COVENANT
LAW OF PROPERTY ACT 1925 S146
NONPAYMENT OF RENT
RELIEF FROM FORFEITURE
REPAIRING COVENANTS
REPOSSESSION
S146 NOTICES
SCHEDULE OF DILAPIDATIONS