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Scala House v Forbes [1974]

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
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