Home > Cases > Brar v Thirunavukkrasu [2020] Ch 567; [2020] 2 WLR 841

The Court of Appeal refused to interfere with the conclusions of Marcus Smith J, and accepted Aaron Walder’s argument that In exercising the commercial rent arrears recovery procedure in the Tribunals, Courts and Enforcement Act 2007, a landlord unequivocally affirmed the continuation of a commercial lease. Accordingly, the purported forfeiture of a lease over retail premises by a landlord who had commenced the procedure had been unlawful because the procedure had operated as a waiver of the right to forfeit the lease. This case is now the most significant case on the interrelationship between forfeiture, waiver and CRAR, and is referenced in all major texts on the subject.

The judgment is available here.

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