R Square Properties Ltd v Reach Learning Ltd [2017] EWHC 2947 (Ch) (17 November 2017)

R Square Properties Ltd v Reach Learning Ltd [2017] EWHC 2947 (Ch) (17 November 2017)

The landlord's unequivocal demand for rent after knowledge of the breaches constituted a waiver of the right to forfeit the lease, and the section 146 notice was partially invalid for not requiring remedy of remediable breaches. The claim for damages was unparticularised and premature, as the Defendant's obligation to reinstate arises only at the end of the term.

Citation
[2017] EWHC 2947 (Ch)
Parties
Claimant: R Square Properties Limited; Defendant: Reach Learning Limited
Jurisdiction
England and Wales
Judgment Date
17 November 2017
Procedural Posture
Possession/forfeiture of Lease / Summary Judgment/strike Out Application
Outcome
Claim dismissed
Legal Topics
Forfeiture of Lease, Waiver of Forfeiture, Section 146 Notice, Breach of Covenant, Relief From Forfeiture
Landlord and Tenant Property Law Forfeiture of Lease Waiver of Forfeiture Section 146 Notice Breach of Covenant Relief From Forfeiture

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Parties

R Square Properties Limited

Claimant

Reach Learning Limited

Defendant

Procedural Posture

Possession/forfeiture of Lease / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the section 146 notice was valid and effective for forfeiture
  2. 2 Whether the landlord waived the right to forfeit by demanding rent after knowledge of breaches
  3. 3 Whether the breaches alleged were capable of remedy

Ratio Decidendi

The landlord's unequivocal demand for rent after knowledge of the breaches constituted a waiver of the right to forfeit the lease, and the section 146 notice was partially invalid for not requiring remedy of remediable breaches. The claim for damages was unparticularised and premature, as the Defendant's obligation to reinstate arises only at the end of the term.

Court Disposition

Claim dismissed

Orders

  • Claim for forfeiture and possession dismissed
  • Claim for damages dismissed