Glah v City Of London [2002] EWCA Civ 148 (7 February 2002)

Glah v City Of London [2002] EWCA Civ 148 (7 February 2002)

The claimant breached the lease by using the premises for residential purposes; the section 146 notice was valid; the defendants lawfully withdrew the swipe card and re-entered; there was no infringement of human rights; and there was no basis for relief from forfeiture as the breach was not remedied nor compensation offered.

Citation
[2002] EWCA Civ 148
Parties
Claimant/applicant: Robert Glah; Defendant/respondent: Mayor and Commonalty and Citizens of the City of London
Jurisdiction
England and Wales
Judgment Date
07 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Forfeiture of Lease, Quiet Enjoyment, Interim Injunction, Section 146 Notice, Human Rights Act, Relief From Forfeiture
Landlord and Tenant Property Law Human Rights Forfeiture of Lease Quiet Enjoyment Interim Injunction Section 146 Notice Human Rights Act +1 more

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Parties

Robert Glah

Claimant/applicant

Mayor and Commonalty and Citizens of the City of London

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimant breached the lease by using the premises for residential purposes
  2. 2 Whether the section 146 notice was valid
  3. 3 Whether the withdrawal of the swipe card was justified

Ratio Decidendi

The claimant breached the lease by using the premises for residential purposes; the section 146 notice was valid; the defendants lawfully withdrew the swipe card and re-entered; there was no infringement of human rights; and there was no basis for relief from forfeiture as the breach was not remedied nor compensation offered.

Court Disposition

Application for permission to appeal refused