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
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