000 01529cab a2200205 4500
001 ABS43382
008 090401t1990 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u41510
041 _aeng
245 _aSouthern Depot Co Ltd v British Railways Board and another
260 _c1990
350 _a0
490 _aEstates Gazette
_v(1990) 33 EG 45-50(6)
520 _aChD 20 March 1990 In this action S, lessees of land at Watford, sought against the British Railways Board (BR) and British Rail Property Board, relief under Law of Property Act 1925 s146(2) against the forfeiture of the lease . A covenant in the lease restricted use of premises to that for a storage and distribution depot ; another covenant prevented assigning , underletting , charging or parting with possession without written consent. S executed a trust in favour of BPCC without consent. BR served notice under s146, alleging breach es of the user and alienation covenants and effected a peaceable re-entry and forfeiture of the lease. Prior to entry, S had issued the present proceedings seeking relief from forfeiture. ChD held that execution of the trust for the benefit of BPCC was not a breach of the alienation covenant, although allowing BPCC on site was parting with possession. Although there had been a `wilful` breach of covenants in the sense that the breaches were knowingly com
650 _aCASE LAW
650 _aUSER COVENANTS
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c26655
_d26655