Zas Ventures Ltd v Forkner

Zas Ventures Ltd v Forkner

Miss Forkner's right to occupy the property was conditional on her insuring and maintaining it. The previous owners' failure to enforce the obligations amounted to a waiver up to the point of notice, but after notice was given, she was required to comply. Her continued failure to maintain the property after notice constituted a breach justifying termination of her right to occupy and granting possession to ZAS Ventures Ltd.

Parties
Claimant/respondent: ZAS Ventures Ltd; Defendant/appellant: Lillian Iris Forkner
Jurisdiction
England and Wales
Judgment Date
01 November 2016
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Licence to Occupy, Waiver of Covenant, Breach of Condition, Possession Proceedings
Property Law Landlord and Tenant Licence to Occupy Waiver of Covenant Breach of Condition Possession Proceedings

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Parties

ZAS Ventures Ltd

Claimant/respondent

Lillian Iris Forkner

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the right to occupy was conditional on performance of obligations to insure and maintain the property
  2. 2 Whether waiver or acquiescence by previous owners precluded enforcement of obligations
  3. 3 Whether the claimant could obtain possession for breach of condition

Ratio Decidendi

Miss Forkner's right to occupy the property was conditional on her insuring and maintaining it. The previous owners' failure to enforce the obligations amounted to a waiver up to the point of notice, but after notice was given, she was required to comply. Her continued failure to maintain the property after notice constituted a breach justifying termination of her right to occupy and granting possession to ZAS Ventures Ltd.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of 14 Liddon Road, Plaistow, London to ZAS Ventures Ltd stands
  • No relief granted to the appellant