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Glass v Kencakes [1966]

Facts

  • The lessee was granted a lease to use flats for non-business purposes
  • The flats were used for business purposes, that business being prostitution
  • The lessor served a notice of forfeiture under s 146 of the Law of Property Act 1925 for breach of covenant

Issue

  • Was the notice effective?

Decision

  • No

Reasoning

  • The notice did not require a remedy if available
  • As there was no evidence that the premises had acquired a bad reputation from their use by prostitutes, the breach was remediable
  • As the breach was remediable, the notice was ineffective
  • A notice may validly state that a lessee need only remedy a breach if it is remediable
  • To see this case in context, see forfeiture in land law notes on leases
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