Waycourt Ltd v Viscount Chelsea Cadogan Estates Ltd [2006] EWCA Civ 511 (20 March 2006)

Waycourt Ltd v Viscount Chelsea Cadogan Estates Ltd [2006] EWCA Civ 511 (20 March 2006)

The alterations to the vaults, including their conversion into living space and the creation of a new entrance, constituted an alteration of the layout of the demised premises in breach of clause 2(10) of the lease. The section 146 notice sufficiently specified the breach to a reasonable recipient with knowledge of the background.

Citation
[2006] EWCA Civ 511
Parties
Claimant/appellant: Waycourt Ltd; Defendant/respondent: Viscount Chelsea; Defendant/respondent: Cadogan Estates Ltd
Jurisdiction
England and Wales
Judgment Date
20 March 2006
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Forfeiture of Lease, Breach of Covenant, Section 146 Notice, Lease Interpretation, Relief From Forfeiture
Property Law Landlord and Tenant Forfeiture of Lease Breach of Covenant Section 146 Notice Lease Interpretation Relief From Forfeiture

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Parties

Waycourt Ltd

Claimant/appellant

Viscount Chelsea

Defendant/respondent

Cadogan Estates Ltd

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the alterations to the vaults constituted a breach of the lease under clause 2(10)
  2. 2 Whether the section 146 notice adequately specified the breach

Ratio Decidendi

The alterations to the vaults, including their conversion into living space and the creation of a new entrance, constituted an alteration of the layout of the demised premises in breach of clause 2(10) of the lease. The section 146 notice sufficiently specified the breach to a reasonable recipient with knowledge of the background.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Relief from forfeiture granted on terms set by the County Court