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