Expert Clothing v Hillgate [1986]

Expert Clothing Service and Sales v Hillgate House [1986]

Facts

  • A lessee agreed, under a lease’s covenant, to convert a building into a gymnasium by a certain date
  • This was not done, and so the lessor sought to forfeit the lease via possession proceedings

Issue

  • Could possession be allowed, or should there be relief from forfeiture?

Decision

  • No possession, no relief

Reasoning

  • The notice served by the landlord buy xanax los angeles under s 146(1) of the Law of Property Act 1925 incorrectly stated that the breach was not capable of being remedied
  • For practical purposes, the breach of covenant could be remedied even beyond the ‘due date’
  • Relief was not required as the notice was invalid; there could be no forfeiture to claim relief from
RELATED CASE  Thorner v Major [2009]

Posted in Land Law Revision Notes.

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