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Rugby School v Tannahill [1935]

Facts

  • A lessee was granted a lease to use premises, with a covenant not to use them for immoral purposes
  • The lessee used the premises for prostitution
  • The lessor (school governors) served a notice to quit under s 146 of the Law of Property Act 1925
  • The notice buy real alprazolam neither required the lessee to remedy her breach, nor to compensate the lessor in money

Issue

  • Was the notice valid?

Decision

  • Yes

Reasoning

  • The breach was incapable of remedy (stigma)
  • Compensation was validly not requested by the lessor, who did not want to take receipt of money obtained by prostitution
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