000			01714cad a22001935a 4500
001			L146260
008			081223e20081121xxk f v 000 0 eng d
035			_a(Sirsi) u146260
041	0		_aeng
245	0	0	_aOsibanjo and Anor v Seahives Investments Ltd _h[electronic resource]
260			_c2008
520			_a[2008] EWCA Civ 1282, 21 November 2008. Business tentants (O) appealed against a possession order granted to the respondent landlord (S) issued following non-payment of rent and a bankruptcy petition. S then discovered other breaches of covenant. O then sent a cheque to S to discharge the bankruptcy sum and part payment of rent arrears. S's solicitors banked the cheque notifying O that it should not be regarded a waiver of S's right to forfeit the lease. O argued that S had waived the right to forfeit the lease because it has accepted the cheque. Held:appeal dismissed. Processing a cheque was insufficient to establish that it was accepted as rent. The bankruptcy proceedings did not amount to a waiver of forfeiture. They were begun before S knew of the breaches of covenant. Acceptance of the bankruptcy sum did not amount to a waiver by acceptance of rent since the arrears on which the bankruptcy petition was based related to a rent period before S knew of the breaches of covenant. In any case, acceptance of rent would not prevent a landlord from forfeiting because the breaches were continuing.
590			_aKA
650	2	4	_aOSIBANJO AND ANOR V SEAHIVE INVESTMENTS LTD
651		4	_aEngland and Wales _y1543-
690			_aLandlord and tenant _96252
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2008/1282.html _zView the item free of charge at www.bailii.org...
942			_n0
999			_c81104 _d81104