Cheerupmate2 Ltd v Calce

Landlord and tenant – Forfeiture of lease. A notice served by the appellant landlord on the respondent tenant under section 166 of the Commonhold and Leasehold Reform Act 2002 that was in a previously-prescribed form, was nonetheless held to be valid. The Court of Appeal, Civil Division, went on to hold, however, that the purported forfeiture following service of the notice was premature as the effect of s 166 was to start time running again for the lapse of time required by the forfeiture clause before a valid re-entry could take place in accordance with the terms of lease.

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