Fort Regent Dev. Cttee. v Regency Suite Ltd. [1990] JLR 228 (23 October 1990)

Fort Regent Dev. Cttee. v Regency Suite Ltd. [1990] JLR 228 (23 October 1990)

A demand for future rent is only a waiver of a breach of covenant under a lease if the party making the demand actually intended it to be so; the test is subjective, not objective.

Citation
[1990] JLR 228
Parties
Claimant: Fort Regent Development Committee; Defendant: Regency Suite Ltd.
Jurisdiction
Jersey
Judgment Date
23 October 1990
Procedural Posture
Civil / Judgment
Outcome
Claim allowed
Legal Topics
Waiver, Breach of Covenant, Lease Agreements
Contract Law Property Law Waiver Breach of Covenant Lease Agreements

Case Brief

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Parties

Fort Regent Development Committee

Claimant

Regency Suite Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a demand for future rent constitutes a waiver of a breach of covenant under a lease
  2. 2 Whether waiver depends on the subjective intention of the party allegedly making the waiver

Ratio Decidendi

A demand for future rent is only a waiver of a breach of covenant under a lease if the party making the demand actually intended it to be so; the test is subjective, not objective.

Court Disposition

Claim allowed