Going off Half Breached

Toms v Ruberry (2019) EWCA Civ 128 This case deals with the lease of a public house. It has passed through a number of different landlords and tenants but the current landlord is Mr Toms and the tenant, Ms Ruberry. The lease contains a range of provisions common to commercial leases, the most important here being those relating to repair and decoration. There is also a provision which states that if the tenant is in breach of these provisions the landlord can give a default notice and if that is not complied with after 14 days then the landlord can re-enter and the lease can be forfeited. There are a range of other provisions which allows for the right of re-entry to be utilised as well but this is the one that matters here. Naturally, the right of re-entry is restricted in the usual manner by s146, Law of Property Act 1925 and so a notice complying with that section must be served first. In this case it was accepted that the tenant had not complied with the repairing and…

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