Courtney Lodge Management Ltd. v Blake [2004] EWCA Civ 975 (01 July 2004)

Courtney Lodge Management Ltd. v Blake [2004] EWCA Civ 975 (01 July 2004)

Mr Blake was not afforded the reasonable time required by Section 146(1) Law of Property Act 1925 to remedy the breach before proceedings were commenced; thus, the order for forfeiture was set aside and the appeal allowed.

Citation
[2004] EWCA Civ 975
Parties
Claimant/first Respondent: Courtney Lodge Management Ltd; First Defendant/appellant: Andrew Charles Blake; Second Defendant/second Respondent: Atlantic Lodge (London) Ltd; Third Defendant: Mr A Makengo; Fourth Defendant: Mrs A Makengo; Fifth Defendant: Ms A Wood
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Forfeiture of Lease, Relief From Forfeiture, Nuisance, Section 146 Notice, Breach of Covenant
Landlord and Tenant Property Law Forfeiture of Lease Relief From Forfeiture Nuisance Section 146 Notice Breach of Covenant

Case Brief

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Parties

Courtney Lodge Management Ltd

Claimant/first Respondent

Andrew Charles Blake

First Defendant/appellant

Atlantic Lodge (London) Ltd

Second Defendant/second Respondent

Mr A Makengo

Third Defendant

Mrs A Makengo

Fourth Defendant

Ms A Wood

Fifth Defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mr Blake was in breach of covenant by suffering nuisance under Clause 4(ix) of the lease
  2. 2 Whether the Section 146 notice was sufficiently particularised
  3. 3 Whether Mr Blake was afforded reasonable time to remedy the breach under Section 146(1) Law of Property Act 1925

Ratio Decidendi

Mr Blake was not afforded the reasonable time required by Section 146(1) Law of Property Act 1925 to remedy the breach before proceedings were commenced; thus, the order for forfeiture was set aside and the appeal allowed.

Court Disposition

Appeal allowed

Orders

  • Order of Recorder set aside
  • Appellant's costs here and below to be paid by first respondent up to 75%