Attempt to Avoid Forfeiture Fails.

A tenant who ran into arrears of rent and sought to prevent forfeiture of his lease by assigning it to another tenant (without the landlord's consent, which was required under the lease) failed to persuade the court that the landlord could not repossess the property.

The landlord had taken no action that could be construed as legitimising the new tenancy, making all demands for rent to the original tenant. Had the landlord demanded rent from the 'new tenant', it would have been difficult to sustain the argument that the transfer of the lease was not accepted.

When tenants breach their lease agreements, the response of the landlord can be important in deciding whether their rights have been preserved. If you have troublesome tenants, it is advisable to seek legal advice as soon as possible in order to protect your interests.

Partner Note
Greenwood Reversions v World Environmental Foundation [2008] EWCA Civ 47.

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