Cyfres L 6 - Tredegar v. Harwood

The case related to Kerswell, 27 Axminster Road, Cardiff, which Lord Tredegar demised on 7 July 1924 for 99 years from 25 March 1924 to Henry Beavis, 7 July 1924. The lease included the usual Tredegar clause for fire insurance "in the Law Fire Office or in some other responsible Insurance Office to be approved of by the Lessor". Beavis insured the house at the Law Fire Office for £800 for one year from 25 March 1924, and then on 29 July 1924 assigned the remainder of the term to Mrs Harwood (one of the respondents).

On 30 July 1924, Mrs Harwood mortgaged the premises with the Principality Building Society (the other respondent), the mortgage containing a condition that the mortgagee should insure the premises with such offices as the Society should appoint. By order of the Principality, Mrs Harwood insured with the Atlas Company, and on 25 March 1925 failed to renew the Law Fire insurance. Lord Tredegar initiated the action to forfeit the lease for breach of contract. Justice Tomlin declared in Lord Tredegar's favour: "Atlas had not been approved by the Appellant and that ended the matter." This judgment was reversed by the Court of Appeal: "No question having been raised as to the responsibility of the Atlas - the Appellant had no right to refuse his approval on any ground which did not directly affect the contract between him and the Respondent." By a majority of three to one, the Law Lords found in favour of Lord Tredegar.