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Case news Thomas v Ken Thomas

By: Language: English Series: Property Week ; 72(1) 5 January 2007, 56(1)Publication details: 2007Subject(s): Summary: Concerns a case [2006] EWCA Civ 1504, 9 October 2006, where after leasing a warehouse, a tenant got into financial difficulties and fell behind in the rent. The landlord accepted a deferred payment, and the tenant subsequently went into a company voluntary agreement. Under the terms of the lease the landlord had the right to forfeit the lease, and went to court to forfeit the tenant' lease. "Held": the Court of Appeal blocked the move, ruling that the landlord had lost the right to forfeiture by accepting the deferred rent payment.

Concerns a case [2006] EWCA Civ 1504, 9 October 2006, where after leasing a warehouse, a tenant got into financial difficulties and fell behind in the rent. The landlord accepted a deferred payment, and the tenant subsequently went into a company voluntary agreement. Under the terms of the lease the landlord had the right to forfeit the lease, and went to court to forfeit the tenant' lease. "Held": the Court of Appeal blocked the move, ruling that the landlord had lost the right to forfeiture by accepting the deferred rent payment.