GS Fashions Ltd v B&Q plc and others
GS Fashions Ltd v B&Q plc and others
- 1995
- Estates Gazette (1995) 9 EG 324-326(3) .
ChD 19 October 1994. B covenanted to remain in possession of leased premises unless granted the landlord G`s consent to assign. Such an application was refused by G for lack of sureties, but B granted a licence to the fourth defendant for the purpose of storage. On expiry, the licencee remained in possession, so G served a writ on B claiming forfeiture of the lease and contending breach of covenant. B admitted forfeiture and G`s application to amend the writ, thus avoiding forfeiture, was refused by the master. B appealed, arguing that there had been a mistake in thinking there had been a breach, compounded by B`s withholding of fact. Appeal dismissed, as the admitted forfeiture was no longer open to challenge. There had been no misrepresentation B`s part.
GS FASHIONS LTD V B&Q PLC AND OTHERS 1994
LAW OF PROPERTY ACT 1925 S146
ChD 19 October 1994. B covenanted to remain in possession of leased premises unless granted the landlord G`s consent to assign. Such an application was refused by G for lack of sureties, but B granted a licence to the fourth defendant for the purpose of storage. On expiry, the licencee remained in possession, so G served a writ on B claiming forfeiture of the lease and contending breach of covenant. B admitted forfeiture and G`s application to amend the writ, thus avoiding forfeiture, was refused by the master. B appealed, arguing that there had been a mistake in thinking there had been a breach, compounded by B`s withholding of fact. Appeal dismissed, as the admitted forfeiture was no longer open to challenge. There had been no misrepresentation B`s part.
GS FASHIONS LTD V B&Q PLC AND OTHERS 1994
LAW OF PROPERTY ACT 1925 S146