The WLR Daily case summaries
[2023] WLR(D) 325
Court of Appeal
Eastpoint Block A RTM Co Ltd v Otubaga
[2023] EWCA Civ 879
2023 July 18; 25
Lewison, King, Andrews LJJ
Landlord and tenant— Covenant— Breach— Right to manage company applying to First-tier Tribunal for determination that tenant causing breaches of covenant to occur— Tribunal declining to determine application for lack of jurisdiction— Whether company able to make application for breach of covenant “in same manner” as landlord— Whether application concerning enforcement or forfeiture functions— Whether prohibition against company exercising “any function of re-entry or forfeiture” applicable— Whether Tribunal having jurisdiction to determine application—
Commonhold and Leasehold Reform Act 2002 (c 15), ss 100(2)(3), 168(4)