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.