Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282 (Court of Appeal)
Are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit? It would appear that there are, according to the Court of Appeal in this case which raises interesting questions about the thorny issue of waiver of forfeiture.
The trial judge found that the tenant had breached numerous covenants in the lease (against alterations, change of use, parting with possession, and keeping the business premises — a public house — open). Rent arrears built up in 2005 and the landlord (Seahive) served a … Read the full post
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