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February 8, 2019

Toms v Ruberry [2019] EWCA Civ 128

Areas of Law: Agriculture & Rural Affairs

Introduction

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.

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