CA 14 February 1991, In 1980 the plaintiffs S purchased premises consisting of a ground floor and basement used as a shop for video hire. When the lease came to change hands the defendants P noted there were no washing or toilet facilities . S gave assurances they would be provided under a collateral agreement to meet health and safety requirements. S gave an undertaking the work would be completed by February. Rent was paid for the first quarter, but by the next quarter day no work having been done P withheld the rent. In December 1988 S issued a writ claiming forfeiture of the lease due to non payment on rent; P counterclaimed for damages for breach of the collateral agreement. Held that P were to pay 2/3 of owed rent on condition that S installed the facilities within eight weeks thereby giving judgement in favour of S but granting relief on the terms set out. S appealed on the grounds that the 1/3 reduction was arbitrary and not based on market value or loss of profits. CA held t