header-logo header-logo

30 October 2008
Issue: 7343 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Tenants can be choosers

Willie Manners & Jonathan Pratt analyse the intricacies of rent payment

In the case of Thomas v Ken Thomas Limited [2006] EWCA Civ 1504, the tenant, who paid rent on a monthly basis, failed to pay rent that fell due on 1 November 2004. The tenant subsequently offered to pay rent for December. What should a landlord do in such a situation? In the current economic climate it may be tempting for landlords to accept offers like this. However, in doing so, they should be aware that they will waive the right to forfeit the lease for non-payment of the unpaid earlier instalment of rent. As the landlord in Thomas discovered, it was not possible to avoid this problem by purporting to accept the tenant's payment in satisfaction of the November rent arrears when the tenant had made it clear that the payment was made in relation to the December rent.

Breaches of a lease can be either “once and for all” or “continuing”. Breaches of obligations to complete specific acts within a definite and limited period of time will usually be once and for

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll