For failure to pay rent proceed against t kitchen

 For failure to pay rent  Proceed against T
 Kitchen damage  Proceed against T1 because continuing
breach
S51 and Liability for Past breaches
 Section 51 does not affect the general rules on past breaches  does not mean
that the new assignee is liable for complete breaches after transfer.
o Neither does s 52.
 See Griffith CJ in Measures v McFadyen ; Gillies J in Big Country.
 These sections do not transfer personal obligations. The sections are contained
to matters to do with the transfer of the estate.
o Inconsistency with touch and concern
Who is liable for what?
1. Tenant breaches and assigns
o For a continuing breach, assignee will be liable
o For a complete breach, tenant will remain liable and assignee will not
be liable
o Landlord can still sue tenant on contract after the assignment occurs
2. Landlord breaches then assigns
o For a continuing breach, assignee will be liable

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o For a complete breach, s118 applies i.e. burden of being sued goes
with reversion
3. Landlord assigns, then tenants breaches
o S117 applies so benefit of being able to sue tenant for breach goes
with reversionary estate
4. Tenant breaches and then landlord assigns ( Ashmore Developments; Measures
v McFadyen; Big Country )
5. Landlord breaches then tenant assigns
o Assignment does not affect tenant’s right to sue for breaches that are
complete
o For breaches that are continuing, assignee can sue not tenant
Termination of Lease
 Termination of lease law is based on circumstances where the tenant breaches
and the landlord is looking to terminate
 Law of real property assumes that the landlord wants to get the freehold estate
back safely BUT this law does not take into account that the landlord might want
damages  this has been challenged especially in commercial leases
 Remedies derived from contract law may apply, giving landlord access to a larger
amount of damages
Re-entry and forfeiture f or lessee’s breach of covenant
 Where a tenant breaches a covenant in the lease, and either:
o The lease reserves the right of re-entry expressly or
 Where the right is express look to the terms of the clause to
see if it is to be exercised in a particular way.
o There is an implied statutory right (see s 85(1)(d) CA )
 Any breach will give rise to a right of re-entry  is not
concerned with the quality of the breach
 Statutory requirements for re-entry
o Rental covenant – see s 85(1)(d) – one month in arrears (i.e. one
month behind)
o Non-rental – s 85(1)(d) – 2 months or for repair: notice to repair served
and no repair in reasonable time.

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 + Notice under s 129(1) CA for non-rental clauses  specify
breach
 For form of notice  Schedule 6
 You cannot contract out of the requirement for notice –
s129(10)
 Service where assignment or sublease
o Must be served on the assignee
o No requirement to serve the notice on the assignor
o Where there is a sublease you must serve the notice on the sub-lessor
 Manner of forfeiture
o