R Square Properties Ltd v Reach Learning Ltd

R Square Properties Ltd v Reach Learning Ltd

The claimant's unequivocal demand for rent after knowledge of the alleged breaches constituted a waiver of the right to forfeit the lease. The section 146 notice was partially invalid as it failed to require remedy of remediable breaches. The claim for damages was unparticularised and premature, as the tenant's obligation to restore the property arises at the end of the term.

Parties
Claimant: R Square Properties Limited; Defendant: Reach Learning Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Civil Landlord and Tenant / Summary Judgment/strike Out Application
Outcome
Claim dismissed
Legal Topics
Forfeiture of Lease, Waiver of Right to Forfeit, Section 146 Notice, Damages for Breach of Covenant
Landlord and Tenant Property Law Forfeiture of Lease Waiver of Right to Forfeit Section 146 Notice Damages for Breach of Covenant

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Parties

R Square Properties Limited

Claimant

Reach Learning Limited

Defendant

Procedural Posture

Civil Landlord and Tenant / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the section 146 notice was valid and complied with statutory requirements
  2. 2 Whether the claimant waived the right to forfeit the lease by demanding rent after knowledge of the breaches
  3. 3 Whether the claim for damages for breach of covenant should be struck out

Ratio Decidendi

The claimant's unequivocal demand for rent after knowledge of the alleged breaches constituted a waiver of the right to forfeit the lease. The section 146 notice was partially invalid as it failed to require remedy of remediable breaches. The claim for damages was unparticularised and premature, as the tenant's obligation to restore the property arises at the end of the term.

Court Disposition

Claim dismissed

Orders

  • The claim for forfeiture and possession is dismissed.
  • The claim for damages is dismissed, without prejudice to a future claim if the property is not returned in the required condition.