9 April, 2020
We represented the tenant in a District Court action commenced by its landlord in respect of various alleged breaches of the tenancy agreement. Our client, the tenant, was the owner and operator of Drinks & Co Kitchen located at Club Street. The landlord alleged that the lease had been forfeited and/or terminated, and sought relief for amongst others, double rent for about S$199,000, damages and mesne profits. On the facts, our client denied that there were any alleged breaches of the tenancy agreement. Further or in the alternative, the landlord had waived his right to forfeit the tenancy by continuing to accept rent even after the alleged breaches had occurred.
At trial, we successfully defended the landlord’s claim and obtained judgment in the District Court in respect of our client’s counterclaim for the return of the tenant’s security deposit. The Court agreed with the tenant’s position. Among other findings, the District Judge found that the landlord’s acceptance of rent after the occurrence of the alleged breaches, was a waiver of his right to forfeit the tenancy.
Unsatisfied with the outcome of the trial, the landlord appealed to the High Court. However, we successfully obtained a dismissal of the landlord’s appeal in the High Court, which upheld the judgment given by the District Judge in our client’s favour.
