Brar & Anor v Thirunavukkrasu

Brar & Anor v Thirunavukkrasu

The exercise of CRAR by the lessor, with knowledge of rent arrears, is an unequivocal act affirming the continuance of the lease and thus waives the right to forfeit for those arrears. The statutory right to exercise CRAR after the end of a lease does not affect this principle, as CRAR cannot be exercised after forfeiture. Section 210 of the 1852 Act does not prevent waiver unless possession proceedings are actually brought under that section. Failure to serve notice of enforcement does not alter the objective assessment of waiver where the lessor’s acts demonstrate an intention to treat the lease as continuing.

Parties
Appellant/defendant: Baljit Singh Brar; Appellant/defendant: Jinder Kaur Brar; Respondent/claimant: Sarvanathan Thirunavukkrasu
Jurisdiction
England and Wales
Judgment Date
03 December 2019
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Forfeiture of Lease, Waiver of Forfeiture, Commercial Rent Arrears Recovery (crar), Distress for Rent, Trespass, Breach of Covenant
Landlord and Tenant Law Property Law Forfeiture of Lease Waiver of Forfeiture Commercial Rent Arrears Recovery (crar) Distress for Rent Trespass Breach of Covenant

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Parties

Baljit Singh Brar

Appellant/defendant

Jinder Kaur Brar

Appellant/defendant

Sarvanathan Thirunavukkrasu

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether exercise of CRAR by lessor waives right to forfeit lease for rent arrears
  2. 2 Whether failure to serve notice of enforcement invalidates CRAR and affects waiver
  3. 3 Whether section 210 of the Common Law Procedure Act 1852 preserves right to forfeit after CRAR

Ratio Decidendi

The exercise of CRAR by the lessor, with knowledge of rent arrears, is an unequivocal act affirming the continuance of the lease and thus waives the right to forfeit for those arrears. The statutory right to exercise CRAR after the end of a lease does not affect this principle, as CRAR cannot be exercised after forfeiture. Section 210 of the 1852 Act does not prevent waiver unless possession proceedings are actually brought under that section. Failure to serve notice of enforcement does not alter the objective assessment of waiver where the lessor’s acts demonstrate an intention to treat the lease as continuing.

Court Disposition

Appeal dismissed

Orders

  • The purported forfeiture of 12 February 2016 was unlawful.
  • Damages for trespass and breach of covenant to be assessed against the appellants.