Issue and service of a writ for possession is an election to forfeit the lease

In Po Wai Ching v Pfeifer ([1983] 1 HKC 204, CA) a landlord issued and served a writ for possession. The Court of Appeal pointed out that this is an election to forfeit the lease and it is not possible to rely on any alleged repudiatory breach after that since there is no longer a contract in existence.

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