Hussein v Mehlman
A lease can be ended by a landlord's repudiatory breach, accepted by the tenant, under ordinary contract principles.
Facts
Mr Hussein and others took a three year assured shorthold tenancy of a house from Mr Mehlman. The landlord was obliged to repair the structure and exterior under section 11 of the Landlord and Tenant Act 1985. The house fell into serious disrepair, including a collapsed bedroom ceiling and a leaking roof, and the landlord refused to carry out repairs. The tenants left the house and returned the keys, and claimed damages.
Legal principle
Stephen Sedley QC, sitting as an assistant recorder, held that the landlord's breach of his repairing obligations was so serious that it was a repudiatory breach of the tenancy agreement, which the tenants had accepted by leaving and returning the keys. The tenancy was therefore ended, and the tenants were entitled to damages. He said that a lease is a contract as well as a conveyance, and the ordinary contractual doctrine of repudiatory breach applies to leases.
Related cases on leasehold covenants and forfeiture
- Akici v LR Butlin Ltd [2005] EWCA Civ 1296, [2006] 1 WLR 201
- Avonridge Property Co Ltd v Mashru [2005] UKHL 70, [2005] 1 WLR 3956
- Billson v Residential Apartments Ltd [1992] 1 AC 494
- City of London Corporation v Fell [1994] 1 AC 458
- Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd [1998] AC 1
- Duke of Westminster v Guild [1985] QB 688
- Expert Clothing Service & Sales Ltd v Hillgate House Ltd [1986] Ch 340
- Glass v Kencakes Ltd [1966] 1 QB 611
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