The plaintiff tenants brought an action against their former landlord for breach of contract and wrongful distress after the landlord issued a Notice of Distress for unpaid rent.
The tenants claimed that a maintenance employee of the landlord had signed a 'letter of forgiveness' and a short-form lease that eliminated their past debts.
The court found that the employee had no actual or apparent authority to bind the landlord, and the landlord's subsequent administrative actions did not constitute acceptance of the unsigned lease.
The court held that the landlord was entitled to distrain the tenants' goods due to significant rent arrears, and the distress was not excessive.
The tenants' action was dismissed, and the landlord's counterclaim for unpaid rent and other charges was allowed.
