Image from Google Jackets

Southern Depot Co Ltd v British Railways Board and another

Language: English Series: Estates Gazette ; (1990) 33 EG 45-50(6)Publication details: 1990Subject(s): Summary: ChD 20 March 1990 In this action S, lessees of land at Watford, sought against the British Railways Board (BR) and British Rail Property Board, relief under Law of Property Act 1925 s146(2) against the forfeiture of the lease . A covenant in the lease restricted use of premises to that for a storage and distribution depot ; another covenant prevented assigning , underletting , charging or parting with possession without written consent. S executed a trust in favour of BPCC without consent. BR served notice under s146, alleging breach es of the user and alienation covenants and effected a peaceable re-entry and forfeiture of the lease. Prior to entry, S had issued the present proceedings seeking relief from forfeiture. ChD held that execution of the trust for the benefit of BPCC was not a breach of the alienation covenant, although allowing BPCC on site was parting with possession. Although there had been a `wilful` breach of covenants in the sense that the breaches were knowingly com
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS43382 (Browse shelf(Opens below)) 1 Available 41510-1001

ChD 20 March 1990 In this action S, lessees of land at Watford, sought against the British Railways Board (BR) and British Rail Property Board, relief under Law of Property Act 1925 s146(2) against the forfeiture of the lease . A covenant in the lease restricted use of premises to that for a storage and distribution depot ; another covenant prevented assigning , underletting , charging or parting with possession without written consent. S executed a trust in favour of BPCC without consent. BR served notice under s146, alleging breach es of the user and alienation covenants and effected a peaceable re-entry and forfeiture of the lease. Prior to entry, S had issued the present proceedings seeking relief from forfeiture. ChD held that execution of the trust for the benefit of BPCC was not a breach of the alienation covenant, although allowing BPCC on site was parting with possession. Although there had been a `wilful` breach of covenants in the sense that the breaches were knowingly com