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Bhojwani and another v Kingsley Investment Trust Ltd

Language: English Series: Estates Gazette ; (1992) 39 EG 138-144(4)Publication details: 1992Subject(s): Summary: ChD 21 May 1992. In March 1990 the plaintiffs, B, received notice under Law of Property Act 1925 s146 alleging breaches of various repairing covenants together with a schedule of dilapidations. The March instalment of rent was not paid. Two months later K, the defendants, reentered the premises. B claimed possession of the premises from K on the grounds that rentry was effected before a reasonable time for performance of the repair works had elapsed and it was therefore unlawful or they sought relief from forfeiture. They claimed £13,562 as damages for excessive distress alleging that K had impounded their stock valued at £15,00 in respect of outstanding rent of £1,437 and general damages for loss of profit and goodwill. K made a counterclaim for the outstanding quarters rent, damages for breach of the repairing covenant and a small sum for costs and expenses of reentry. In May 1991 K sold their freehold interest with vacant possession to S despite B`s claim for relief from forfeiture ...
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Law report London Journal article ABS47267 (Browse shelf(Opens below)) 1 Available 61309-1001

ChD 21 May 1992. In March 1990 the plaintiffs, B, received notice under Law of Property Act 1925 s146 alleging breaches of various repairing covenants together with a schedule of dilapidations. The March instalment of rent was not paid. Two months later K, the defendants, reentered the premises. B claimed possession of the premises from K on the grounds that rentry was effected before a reasonable time for performance of the repair works had elapsed and it was therefore unlawful or they sought relief from forfeiture. They claimed £13,562 as damages for excessive distress alleging that K had impounded their stock valued at £15,00 in respect of outstanding rent of £1,437 and general damages for loss of profit and goodwill. K made a counterclaim for the outstanding quarters rent, damages for breach of the repairing covenant and a small sum for costs and expenses of reentry. In May 1991 K sold their freehold interest with vacant possession to S despite B`s claim for relief from forfeiture ...