Court orders tenant to pay unpaid rent

Christopher Goldring of Penny Street, Portsmouth, runs a marine repair business unit from a Council unit at Brunel Quay, Neyland.

The condition of the premises deteriorated and the Council served Goldring with a notice under section 146 of the Law of Property Act 1925, requiring him to clean up the premises in accordance with the terms of his lease.

Goldring failed to do so and racked up substantial rent arrears as well.

The Council issued court proceedings against Goldring for recovery of the rent arrears and forfeiture of his lease in October 2022.

The trial took place on Tuesday June 27th at the County Court in Portsmouth.

Goldring argued that the Council’s section 146 notice prevented him from running his business and terminated his lease. He was not, he said, therefore liable for any rent arrears.

Representing the Council, Mr Zalewski of Goresbrook Chambers submitted to the court that Goldring continued to occupy the premises.

The section 146 notice did not terminate the lease as matter of law because the Council did not issue court proceedings for breach of that notice but for the separate matter of rent arrears. Therefore Goldring remained liable for rent arrears as long as he occupied the premises.

District Judge Miles accepted the Council’s submissions.

She ordered Goldring to pay the Council £16,053 in rent arrears and £2,878.16 in costs within 28 days.

The parties agreed that Goldring would vacate the premises within 30 days.