Cases - Eichner v Midland Bank Executor and Trustee Co Ltd

Record details

Name
Eichner v Midland Bank Executor and Trustee Co Ltd
Date
[1970]
Citation
1 WLR 1120
Legislation
Keywords
Lease renewal
Summary

Once the court has established facts regarding the tenant's past behaviour and performance, the court is entitled to consider all the circumstances in connection with the breach of covenant and the conduct of the tenant as a whole in regard to his or her obligations under the tenancy.

The first instance judge (whose decision was upheld by the Court of Appeal) said:

'It must be considered very carefully whether it is fair to saddle the landlord with a tenant with whom he is in constant litigation'.