Breach of alienation covenants, sharing occupation, and possession and forfeiture

Akici (Huseyin) v L R Butlin Ltd [2005] EWCA Civ 1296 (2 November 2005)

Breach of alienation covenants has also been before the Court of Appeal recently in a case where the landlord sought forfeiture. The Court reviewed the authorities and gave further guidance on legal parting with possession and the policy judges should have in mind when considering relief. Arguably this is one of the top five most important cases of 2005 for commercial landlord and tenant lawyers. The Court said that the tenant had a made a lucky escape!