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Right of re-entry – contractual notice of default – s146 notice – right of re-entry to exist when s146 notice given – the need to get all the ducks in a row

Commercial Leases

Right of re-entry – contractual notice of default – s146 notice – right of re-entry to exist when s146 notice given – the need to get all the ducks in a row

Andrew Toms v Marilyn Ruberry [2017] EWHC 2970 (QB) (Dingemans J) (24 November 2017)

This case raised an interesting twist on the forfeiture procedure where the lease provided for a contractual notice of default which then impacted on the timing of the service of a s146 notice. The case came before the High Court by way of an appeal from a county court decision. The judgment also gives a helpful reminder of the requirements of a valid s146 notice.

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