Dr Monica Bijlani v Medical Express (London) Ltd

Dr Monica Bijlani v Medical Express (London) Ltd

Use of the premises by the claimant while suspended as a dentist was a breach of the lease, as the lease required use only by a fully registered dental practitioner. The landlord did not waive the right to forfeit for breaches after January 2022. Relief from forfeiture is granted on terms, as the breach was not...

Source-derived case information.

Parties
Claimant: Dr Monica Bijlani; Defendant: Medical Express (London) Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2024
Procedural Posture
Civil Lease/property Dispute / Judgment After Trial
Outcome
Relief from forfeiture granted on terms; declarations and costs orders made.
Legal Topics
Relief From Forfeiture, Interpretation of Lease, Waiver of Forfeiture, Breach of Covenant, Data Protection Breach
Landlord and Tenant Contract Law Property Law Data Protection Relief From Forfeiture Interpretation of Lease Waiver of Forfeiture Breach of Covenant +1 more

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Parties

Dr Monica Bijlani

Claimant

Medical Express (London) Ltd

Defendant

Procedural Posture

Civil Lease/property Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether use of premises by suspended dentist breached lease
  2. 2 Whether landlord waived right to forfeit lease
  3. 3 Whether relief from forfeiture should be granted

Ratio Decidendi

Use of the premises by the claimant while suspended as a dentist was a breach of the lease, as the lease required use only by a fully registered dental practitioner. The landlord did not waive the right to forfeit for breaches after January 2022. Relief from forfeiture is granted on terms, as the breach was not wilful, reputational risk did not materialise, and future risk can be managed by conditions. Landlord breached lease regarding windows and data protection but not regarding waiting room.

Court Disposition

Relief from forfeiture granted on terms; declarations and costs orders made.

Orders

  • Relief from forfeiture granted on conditions to be determined, including undertaking or injunction to prevent future breach and payment of sums due since January 2022.
  • Declaration that landlord breached lease regarding windows and balconies.