Camden Nominees, Ltd. v. Forcey

[1940] Ch. 352 (1940)

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Camden Nominees, Ltd. v. Forcey

England and Wales High Court of Justice, Chancery Division
[1940] Ch. 352 (1940)

SH

Facts

The landlords for a block of flats (the landlords) (plaintiffs) were accused by tenants of failing to provide services required by the leases, including heating, hot water, and cleaning of common areas. The tenants formed an association (the tenants’ association) (defendant), which then informed the landlords that the tenants were going to withhold rent until the landlords satisfied their obligations under the leases. The landlords sued the tenants’ association for damages and for an order to stop inducing tenants to breach the lease agreement by withholding rent. The tenants’ association claimed that it has sufficient justification for encouraging all tenants to breach the lease agreement because it served the common interest of all the tenants to force the landlords to fulfill their obligations under the leases and because a power imbalance existed between the landlords and tenants such that it justified the tenants using breach of the contract as leverage.

Rule of Law

Issue

Holding and Reasoning (Simonds, J.)

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