Courtney Lodge Management Ltd. v Blake

Courtney Lodge Management Ltd. v Blake

Mr Blake was not afforded the reasonable time required under Section 146(1) Law of Property Act 1925 to remedy the breach before proceedings were instituted; therefore, the order for forfeiture and associated costs must be set aside.

Parties
Claimant/first Respondent: Courtney Lodge Management Ltd; First Defendant/appellant: Andrew Charles Blake; Second Defendant/second Respondent: Atlantic Lodge (London) Ltd; Third Defendant: Mr A Makengo; Fourth Defendant: Mrs A Makengo; Fifth Defendant: Ms A Wood
Jurisdiction
England and Wales
Judgment Date
01 July 2004
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Forfeiture of Lease, Relief From Forfeiture, Breach of Covenant, Section 146 Notice, Costs Orders
Property Law Landlord and Tenant Forfeiture of Lease Relief From Forfeiture Breach of Covenant Section 146 Notice Costs Orders

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Parties

Courtney Lodge Management Ltd

Claimant/first Respondent

Andrew Charles Blake

First Defendant/appellant

Atlantic Lodge (London) Ltd

Second Defendant/second Respondent

Mr A Makengo

Third Defendant

Mrs A Makengo

Fourth Defendant

Ms A Wood

Fifth Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Mr Blake suffered nuisance within the meaning of the lease covenant
  2. 2 Adequacy of Section 146 notice particulars
  3. 3 Whether Mr Blake was afforded reasonable time to remedy breach under Section 146

Ratio Decidendi

Mr Blake was not afforded the reasonable time required under Section 146(1) Law of Property Act 1925 to remedy the breach before proceedings were instituted; therefore, the order for forfeiture and associated costs must be set aside.

Court Disposition

appeal allowed

Orders

  • Order of Recorder set aside
  • Costs of appellant here and below to be paid by first respondent up to 75%