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Thomas v Ken Thomas Ltd

The acceptance by a landlord of monies apportioned and paid by a tenant in respect of outstanding rent debts meant that the landlord waived the right to forfeiture of a lease.

27 October 2006

The appellant lessee (T) appealed against the decision of a judge that it had forfeited its lease on commercial premises. The respondent landlord (L) had let commercial premises to T on terms that included the payment of rent on a monthly basis on the first day of the month. Pursuant to the lease, L was entitled to terminate the lease if T fell into arrears with its rent or became insolvent. Thereafter T got into financial difficulties and fell into arrears with its rent. A third party was appointed by L to advise it on its deteriorating financial position. It was proposed that T would enter into a company voluntary arrangement (CVA) pursuant to Part I of the Insolvency Act 1986 with its creditors. L was informed by the third party of the proposed CVA and that it was intended that rent arrears owed for November should go into the CVA as an unsecured amount and that VAT that had not been paid in respect of a number of months’ rent should also go into the CVA as an unsecured amount....

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