Central London Property Trust Ltd v High Trees House Ltd [1947] 1 KB 130

Facts: The lessee of a 99-year lease of some flats was in the business of subletting these flats. In 1940, due to the low occupancy rate for the flats, the lessor promised to accept reduced rent from the lessee. The lessee paid the reduced rate for the next 5 years. In 1945, when the flats were fully let, the lessor asserted a claim for the full rent.

Issue: Was the letter of comfort binding? Was the promise to accept reduced rent supported by consideration? Did estoppel function as a positive claim or a defence?

Held (Denning J): Central London Property Trust (CLPT) was entitled to full rent as claimed, on the basis that the agreement for a reduced rent was only for as long as the flats were not fully let. However, if CLPT claimed back rent, it would have failed.