Q&As

Could a licensee claim that there has been a repudiatory breach of a licence of commercial premises, where the licensor has failed to comply with its repairing obligations, resulting in the roof being deemed unsafe and the licensee being forced to vacate?

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Published on LexisPSL on 13/04/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Could a licensee claim that there has been a repudiatory breach of a licence of commercial premises, where the licensor has failed to comply with its repairing obligations, resulting in the roof being deemed unsafe and the licensee being forced to vacate?

Could a licensee claim that there has been a repudiatory breach of a licence of commercial premises, where the licensor has failed to comply with its repairing obligations, resulting in the roof being deemed unsafe and the licensee being forced to vacate?

Repudiation of a contract occurs where one party through words or conduct tells the other that they no longer intend to be bound by the contract, usually by committing a major breach of a significant obligation in the contract. To be repudiatory, the breach must go to the root of the contract. Its effect must be to:

  1. deprive the innocent party of substantially the whole benefit that it was intended, as expressed in the

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