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Osibanjo v Seahive Investments Limited [2008] EWCA Civ 1282

DATE: 21 Nov 2008

Appeal from High Court decision allowing the forfeiture of a commercial lease and refusing relief in the light of various breaches. The Judge held that the landlord had not waived the right to forfeit by processing a cheque and apportioning part towards back rent.

Following a hearing the Court of Appeal, it was held that there are there circumstances in which a landlord can accept only part of a cheque offered by a tenant and thereby avoid waiving its right to forfeit. This case therefore raises interesting questions about the thorny issue of waiver of forfeiture.

Myriam Stacey appeared for the successful claimant.