Evan Price appears for successful respondents in The Essential Homewares Limited and another v Dhaliwal
11th Apr 2023
Evan Price acted for the successful respondents in this interesting property appeal where the issues related to a physical re-entry of commercial property. The appellants sought to appeal on grounds that the right to re-enter was waived by the landlord; that the s.146 notice was defective and so invalid; and that relief from forfeiture should have been granted. On waiver, there is an interesting point about whether a breach of the covenant not to allow a third party to occupy the property is a ‘once and for all breach’ or a ‘continuing breach’. On the s.146 notice, the Judge concluded that in context, a reasonable recipient of the notice of the breach of the alienation covenant would have understood that the occupation of the third party had to stop, despite there being no express words used for that breach to be remedied.
On relief from forfeiture, the Judge decided that the trial Judge had considered all the relevant facts and reached the correct conclusion in the circumstances. The appeal was dismissed. Click here to read more.
Evan Price
Call 1997
