Toms v Ruberry [2019] EWCA Civ 128

Leslie Blohm QC

8 February 2019

Forfeiture action in respect of breaches of covenant relating to a lease of a Public House in Cornwall. Defended by the tenant on the basis that the statutory notice that had to be served prior to forfeiture (under section 146 Law of Property Act 1925) could only be served after the contractual right of re-entry had arisen, even though the breach of covenant had already occurred. Instructed on the appeal to the Court of Appeal from the decision of Dingemans J ([2017] EWHC 2970) on behalf of the appellant landlord, leading Charles Auld. Subsequently appeared for Mr. Toms successfully resisting appeal from Courts refusal to grant Mrs. Ruberry a new lease under Part II Landlord & Tenant Act 1954.