Breach of lease

By Sarah Finch

Acting for the successful landlord in proceedings in the First-tier Tribunal and then the Upper Tribunal re-hearing involving a declaration that the tenant was in breach of the lease as a preliminary to forfeiture. This involved two important points of law in relation to whether the tenant had parted with possession and whether an application for consent to assign had been made under the Landlord and Tenant Act 1988 where no notice had been given by the right to manage company to the landlord of the proposed assignment. The case is due to be heard by the Court of Appeal in May 2018.

 

 

 

 

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Breach of lease