What is the difference between a landlord and tenant when it comes to a breach of a lease for the conversion of a house into a shop?
British Columbia, Canada
The following excerpt is from Coast Hotels Ltd. v. 389079 B.C. Ltd., 1998 CanLII 6806 (BC SC):
In Ambler v. Woodbridge, [1829] 9 B. & C. 376, 109 E.R. 140, it was held that the conversion of a house into a shop was a breach which, once waived, could not be resurrected; whereas the use of rooms for lodgers in contravention of the lease was a continuing breach of covenant which the landlord could take advantage of after having received rent.
In Ainley v. Balsden (1857), 14 U.C.Q.B. 535, Robinson C.J., for the court, held that allowing old fences to continue in a dilapidated state was a continuing breach which was not waived by the acceptance of rent.
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