Chug & Anor v Dhaliwal & Anor [2023] EWHC 804 (Ch) (05 April 2023)

Chug & Anor v Dhaliwal & Anor [2023] EWHC 804 (Ch) (05 April 2023)

The appeal fails because the applicant relinquished any further interest in the property by agreement with the landlord, precluding any complaint about the lawfulness of re-entry, waiver, or relief from forfeiture; breach of the alienation covenant was a continuing breach not waived by acceptance of rent; section 146 notice was sufficiently clear; refusal of relief from forfeiture was justified.

Citation
[2023] EWHC 804 (Ch)
Parties
Appellant/claimant: Mr Ragmohan Singh Chug; Appellant/claimant: The Essential Homewares Limited; Respondent/defendant: Mr Mohinderpal Singh Dhaliwal; Respondent/defendant: Mrs Bhajan Kaur Dhaliwal
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Forfeiture, Waiver, Relief From Forfeiture, Section 146 Notice, Alienation Covenant, Leasehold, Licensee, Dilapidations
Landlord and Tenant Property Law Forfeiture Waiver Relief From Forfeiture Section 146 Notice Alienation Covenant Leasehold +2 more

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Parties

Mr Ragmohan Singh Chug

Appellant/claimant

The Essential Homewares Limited

Appellant/claimant

Mr Mohinderpal Singh Dhaliwal

Respondent/defendant

Mrs Bhajan Kaur Dhaliwal

Respondent/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the re-entry effected on 5 July 2019 was lawful
  2. 2 Whether the right to forfeit the lease for breach of the alienation covenant was waived
  3. 3 Whether the section 146 notice was valid and sufficient

Ratio Decidendi

The appeal fails because the applicant relinquished any further interest in the property by agreement with the landlord, precluding any complaint about the lawfulness of re-entry, waiver, or relief from forfeiture; breach of the alienation covenant was a continuing breach not waived by acceptance of rent; section 146 notice was sufficiently clear; refusal of relief from forfeiture was justified.

Court Disposition

Appeal dismissed