- Created by: Former Member
- Created on: 09-01-20 17:03
On 22 October 1874, the landlord gave the tenant company six months' notice to repair the premises. However, on 28 November, negotiations began between the parties for the sale of the remainder of the lease back to the landlord. The tenant stated that the company would defer commencing the repairs until it had heard whether its proposal was acceptable. After the six (p. 165) months had elapsed, the landlord claimed that the lease was forfeited for breach of covenant and sought to eject the tenant. The tenant sought a stay of execution.
Held: The tenant was entitled in equity to be relieved against forfeiture of the lease because the negotiations had the effect of suspending the notice and, while they continued, the…