Where a lessee has repudiated a lease through very significant breaches of covenant, the court's discretion to grant relief against forfeiture is not fettered by the lessor's failure to serve s 129(1) Conveyancing Act notices in respect of non-rent covenant breaches; it would be unjust to ignore such breaches. A lessee's common law right of recoupment against rent requires the lessor to have been under an obligation to carry out the relevant work. The question whether a 'without deduction' clause defeats a right of recoupment where the lessor is in breach was left open.
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