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Waiver of a breach of covenant

By: Language: English Series: New Law Journal ; 146(6765) 25 October 1996, 1545-1546(2)Publication details: 1996Subject(s): Summary: 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.
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Journal article London Journal article ABS56033 (Browse shelf(Opens below)) 1 Available 20557-1001

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.