Central Estates(Belgravia) Ltd v. Woolgar (No, 2) [1972] EWCA Civ 4 (20 June 1972)

Central Estates(Belgravia) Ltd v. Woolgar (No, 2) [1972] EWCA Civ 4 (20 June 1972)

The landlords, through their agents, accepted rent after having knowledge of the tenant's breach of covenant, which in law constituted a waiver of the right to forfeit the lease, regardless of their intention or the tenant's understanding.

Citation
[1972] EWCA Civ 4
Parties
Plaintiff Appellant: Central Estates (Belgravia) Limited; Defendant Respondent: Sidney Woolgar
Jurisdiction
England and Wales
Judgment Date
20 June 1972
Procedural Posture
Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Forfeiture of Lease, Waiver of Forfeiture, Relief From Forfeiture, Breach of Covenant, Immoral User, Acceptance of Rent
Landlord and Tenant Law Property Law Forfeiture of Lease Waiver of Forfeiture Relief From Forfeiture Breach of Covenant Immoral User Acceptance of Rent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Central Estates (Belgravia) Limited

Plaintiff Appellant

Sidney Woolgar

Defendant Respondent

Procedural Posture

Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the landlords waived their right to forfeiture by accepting rent after knowledge of breach
  2. 2 Whether relief from forfeiture should be granted for breach of covenant involving immoral user

Ratio Decidendi

The landlords, through their agents, accepted rent after having knowledge of the tenant's breach of covenant, which in law constituted a waiver of the right to forfeit the lease, regardless of their intention or the tenant's understanding.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Appeal by plaintiffs dismissed with costs
  • Cross-appeal by defendant allowed with costs in the Court of Appeal and on Scale IV in the County Court