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ARTICLE · 05 JULY 2023

Case Summary: Chug V Dhaliwal [2023] EWHC 804 (Ch)

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In Chug v Dhaliwal [2023] EWHC 804 (Ch) the High Court considered the circumstances in which a tenant is prevented from challenging the lawfulness of forfeiture of a lease by peaceable re-entry.

United KingdomReal Estate and Construction
John Beresford
John Beresford

In Chug v Dhaliwal [2023] EWHC 804 (Ch) the High Court considered the circumstances in which a tenant is prevented from challenging the lawfulness of forfeiture of a lease by peaceable re-entry.

The decision also provides a helpful reminder of the principles relating to waiver of the right to forfeit and the validity of s.146 notices.

Background

Mr and Mrs Dhaliwal were the freeholders of 358-360 Bath Road, Hounslow ("the Property"). In 2005 they granted a 20 year lease of the Property to Mr Chug. Mr Chug operated a homeware shop out of the Property ("the Lease"). The Lease incorporated a covenant against alienation whereby Mr Chug covenanted not to part with possession of the Property or suffer any other person to occupy the whole or part of it.

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