ChD 3 June 1991. The first defendants, T, were lessees of a flat and garage under a 1976 lease. In the summer of 1989 the benefit of the lease was transferred to T and they registered as proprietors of the lease. They registered a legal charge over the property in favour of the building society for an advance of £75,399. Under the terms of the lease service charges were payable to the landlord. T fell behind with payments which led to service of a section 146 notice by the third defendant, X, a representative of the freeholder. They were given 21 days to pay. X wrote to the building society on 2 April to inform them of the notice, of their rights of re-entry and exercise of peaceable repossession if the arrears were not paid. T, on the same day delivered the keys to the building society. On 23 April the time expired for payment so X peaceably re-entered the premises. On May 15 the building society wrote to X and T saying it would give consideration to the payment of arrears if not pa