Kataria v Safeland plc
Kataria v Safeland plc
- 1998
- Estates Gazette Law Reports [1998] 05 EG 155-157(3) .
CA 4 November 1997. The respondent tenant held a term of shop premises for 15 years at a rent subject to review. By October 1995 Standard Life Assurance Co ltd held the reversion, by the then the tenant owed arrears of rent. In November 1995 Standard Life sold the reversion to the appellant landlords who assigned back the right to recover all arrears of rent.Two days later the landlord affected re-entry of the premises for non-payment of the rent arrears. The landlords appealed the decision of the country court judge who held that the forfeiture was unlawful as the Law of Property Act 1925 s141(3) requires an assignee to have interest in the arrears before affecting a re-entry. Held, appeal allowed.
ASSIGNMENT OF LEASES
FORFEITURE
KATARIA V SAFELAND PLC
LAW OF PROPERTY ACT 1925
RE-ENTRY
RENT ARREARS
REVERSION OF LEASE
CA 4 November 1997. The respondent tenant held a term of shop premises for 15 years at a rent subject to review. By October 1995 Standard Life Assurance Co ltd held the reversion, by the then the tenant owed arrears of rent. In November 1995 Standard Life sold the reversion to the appellant landlords who assigned back the right to recover all arrears of rent.Two days later the landlord affected re-entry of the premises for non-payment of the rent arrears. The landlords appealed the decision of the country court judge who held that the forfeiture was unlawful as the Law of Property Act 1925 s141(3) requires an assignee to have interest in the arrears before affecting a re-entry. Held, appeal allowed.
ASSIGNMENT OF LEASES
FORFEITURE
KATARIA V SAFELAND PLC
LAW OF PROPERTY ACT 1925
RE-ENTRY
RENT ARREARS
REVERSION OF LEASE