Business lease – forfeiture – non-payment of rent – landlord’s duty to mitigate loss

(1) Reichman (Robert) (2) Dunn (Monica) v (1) Beveridge (Sarah) (2) Gauntlett (Matthew) [2006] EWCA Civ 1659 (13 December 2006)

This case raised such an important point – the duty of a landlord faced with arrears of rent to take steps to mitigate its losses by forfeiting the lease and reletting or negotiating a surrender for a premium – that the Court of Appeal appointed an advocate to the court so that the issues might be fully argued on behalf of the landlord.