References: Gazette 20-Jan-2000
Ratio: (Central London County Court) The bank recovered possession of leasehold premises. The landlord served a notice requiring repairs on the tenant, but refused to allow the mortgage in possession a key to enter the property. They then claimed to have recovered possession peacefully. The bank applied for relief from forfeiture and succeeded. The notice was pointlessly served on the tenant who no longer had access to carry out any repairs, and the counter-notice was effective.
Statutes: Leasehold Property (Repairs) Act 1938
Last Update: 14-Sep-16
Ref: 89719
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