Facts
- A lessee breach a covenant not to assign or sub-let the leased premises by sub-leasing the premises
- The lessor served a notice to quit under s 146 of the Law of Property Act 1925 and commenced proceedings for possession 14 days’ later
Issue
- Was the breach capable of being remedied?
Decision
- No, the notice was effective
Reasoning
- A breach of non-assignment covenant, by its nature, is not capable of remedy
