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Greenwood Reversions Ltd v World Environment Foundation Ltd and Madhav Mehra [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWCA Civ 47, 6 February 2008. Considers whether a judge had been right to refuse a tenant relief from lease forfeiture in light of letters from his landlord. The appellant tenants (M and W) acquired a lease from the respondent landlord (G). When disagreements between the parties arose, M stopped paying rent, service charges and insurance. G obtained a consent judgment for payment of M's arrears. Without G's consent, M assigned the lease to W, a company in which he had an interest. G undertook proceedings against W on the basis the lease was forfeited. W assigned the lease back to M and G began proceedings against M. These had been successful. M and W argued that letters G had written demanding rent illustrated a willingness to continue the lease. "Held": It was sound to proceed on the basis that a demand for future rent would constitute a waiving of lease forfeiture. However upon objective inspection of G's letters it was clear G would not continue continuation of the lease without first receiving full payment. Given this, and additionally M's conduct throughout the lease and his attempts to avoid legal procedures, the verdict was sound. Appeal dismissed.
Holdings
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143445-1001

[2008] EWCA Civ 47, 6 February 2008. Considers whether a judge had been right to refuse a tenant relief from lease forfeiture in light of letters from his landlord. The appellant tenants (M and W) acquired a lease from the respondent landlord (G). When disagreements between the parties arose, M stopped paying rent, service charges and insurance. G obtained a consent judgment for payment of M's arrears. Without G's consent, M assigned the lease to W, a company in which he had an interest. G undertook proceedings against W on the basis the lease was forfeited. W assigned the lease back to M and G began proceedings against M. These had been successful. M and W argued that letters G had written demanding rent illustrated a willingness to continue the lease. "Held": It was sound to proceed on the basis that a demand for future rent would constitute a waiving of lease forfeiture. However upon objective inspection of G's letters it was clear G would not continue continuation of the lease without first receiving full payment. Given this, and additionally M's conduct throughout the lease and his attempts to avoid legal procedures, the verdict was sound. Appeal dismissed.