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Greenwich LBC v Discreet Selling Estates Ltd

Language: English Series: Property and Compensation Reports ; (1991) 61 PCR 405-436(17)Publication details: 1991Subject(s): Summary: CA 20 June 1990. The plaintiffs G were lessors and the defendants D head lessees of seven shops with flats above. The lease contained a repairing covenant with powers of re-entry in the event of a breach. From 1974 there was failure to repair. G served notice under Law of Property Act 1925 s146 with an interim schedule of dilapidations . D served a counter notice under Leasehold Property (Repairs) Act 1938 and G accordingly applied for leave of the court before proceeding to enforce the right of re-entry . Leave was granted 16 months later. G continued to demand and receive the rent. G issued summons for possession and obtained judgement in their favour. D claimed the interim schedule was not sufficient and invalidated the notice; also that the demand for and acceptance of rent was a waiver of the right of forfeiture . CA dismissed the appeal on the grounds that the notice had only listed specific defects which would give grounds for forfeiture and there had been no improvement in th
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Law report London Journal article ABS44861 (Browse shelf(Opens below)) 1 Available 49532-1001

CA 20 June 1990. The plaintiffs G were lessors and the defendants D head lessees of seven shops with flats above. The lease contained a repairing covenant with powers of re-entry in the event of a breach. From 1974 there was failure to repair. G served notice under Law of Property Act 1925 s146 with an interim schedule of dilapidations . D served a counter notice under Leasehold Property (Repairs) Act 1938 and G accordingly applied for leave of the court before proceeding to enforce the right of re-entry . Leave was granted 16 months later. G continued to demand and receive the rent. G issued summons for possession and obtained judgement in their favour. D claimed the interim schedule was not sufficient and invalidated the notice; also that the demand for and acceptance of rent was a waiver of the right of forfeiture . CA dismissed the appeal on the grounds that the notice had only listed specific defects which would give grounds for forfeiture and there had been no improvement in th