Sidnell v Wilson [1966] EWCA Civ 2 (14 January 1966)

Sidnell v Wilson [1966] EWCA Civ 2 (14 January 1966)

The landlord need only establish a prima facie or arguable case of breach of covenant to repair to obtain leave to forfeit under the Leasehold Property (Repairs) Act 1938 s.1(5); the County Court Judge erred in requiring proof of breach as at trial. The appeal is allowed and leave granted.

Citation
[1966] EWCA Civ 2
Parties
Landlord: Mr Sidnell v Wilson; Tenant (original): Mr Carver; Tenants (assignees): Mr Wilson, Mr Arnaudy, Mr Rollingson
Jurisdiction
England and Wales
Judgment Date
14 January 1966
Procedural Posture
Appeal / Appeal From County Court Decision on Application for Leave to Forfeit Lease
Outcome
appeal allowed
Legal Topics
Forfeiture of Lease, Breach of Covenant to Repair, Leasehold Property (repairs) Act 1938, Counter Notice Procedure, Standard of Proof on Interlocutory Applications
Landlord and Tenant Property Law Forfeiture of Lease Breach of Covenant to Repair Leasehold Property (repairs) Act 1938 Counter Notice Procedure Standard of Proof on Interlocutory Applications

Case Brief

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Parties

Mr Sidnell v Wilson

Landlord

Mr Carver

Tenant (original)

Mr Wilson, Mr Arnaudy, Mr Rollingson

Tenants (assignees)

Procedural Posture

Appeal / Appeal From County Court Decision on Application for Leave to Forfeit Lease

Legal Issues

  1. 1 Whether landlord must prove actual breach or only a prima facie/arguable case of breach to obtain leave to forfeit under Leasehold Property (Repairs) Act 1938 s.1(5)
  2. 2 Whether the notice served complied with statutory requirements
  3. 3 Whether special circumstances justified granting leave

Ratio Decidendi

The landlord need only establish a prima facie or arguable case of breach of covenant to repair to obtain leave to forfeit under the Leasehold Property (Repairs) Act 1938 s.1(5); the County Court Judge erred in requiring proof of breach as at trial. The appeal is allowed and leave granted.

Court Disposition

appeal allowed

Orders

  • Leave to forfeit granted to landlord
  • Costs below to be costs in the forthcoming action