Thomas v Ken Thomas Ltd

Thomas v Ken Thomas Ltd

The landlord waived the right to forfeit by accepting payments appropriated by the tenant to later rent, and could not forfeit for the November 2004 arrears. Even if not waived, the CVA subsumed the arrears and precluded forfeiture. Relief from forfeiture should not require payment of sums in respect of which forfeiture was waived.

Parties
Claimant/appellant: Thomas; Defendant/respondent: Ken Thomas Ltd
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Civil Appeal / Appeal From Norwich County Court Judgment
Outcome
Appeal allowed
Legal Topics
Waiver of Forfeiture, Appropriation of Payments, Company Voluntary Arrangements (cva), Relief From Forfeiture, Non Payment of Rent
Landlord and Tenant Law Insolvency Law Waiver of Forfeiture Appropriation of Payments Company Voluntary Arrangements (cva) Relief From Forfeiture Non Payment of Rent

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Parties

Thomas

Claimant/appellant

Ken Thomas Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Norwich County Court Judgment

Legal Issues

  1. 1 Whether the landlord waived the right to forfeit the lease for arrears of rent
  2. 2 Whether the right to forfeit was lost by virtue of the CVA
  3. 3 On what terms relief from forfeiture should be granted

Ratio Decidendi

The landlord waived the right to forfeit by accepting payments appropriated by the tenant to later rent, and could not forfeit for the November 2004 arrears. Even if not waived, the CVA subsumed the arrears and precluded forfeiture. Relief from forfeiture should not require payment of sums in respect of which forfeiture was waived.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed; judgment below set aside