c baker v OLIBEARE a barrister of the middle temple Mr baron Atkins forfeiture  for nonpayment of rend the tenant compel to take a new lease the plaintiff be  lessee of a house from the company of carpenter in which there be a clause of  forfeiture for nonpayment of rend also for not repair within three month after  notice make a underlease to the defendant the plaintiff lease be avoid by the  say company for nonpayment of rend he take a new lease and then do request the  defendant to take a new lease from he which the defendant refuse the plaintiff  prefer his bill to compel he to take a new lease which be strong oppose by the  defendant counsel for that although it be frequent that where a lessor take  advantage of a forfeiture the lessee may compel he to grant a new estate  sander v pope Ves Radcliffe v Warrington ibidem Davis v west ibidem but this  relief seem not Willing extend beyond those case where forfeiture have be  incur for nonpayment of rend breach of covenant to repair or yet it be never  know that in that case the lessor can compel the tenant to take a new lease  but it be answer that case be not like this for there it be the act of the  lessor to avoid the estate but in this case it be not the act of the lessor  the plaintiff but of the company who be the head landlord and although it may  be occasion by the default of the plaintiff videlicet in not pay his rend yet  there be a great difference between a act and a default for it will be very  hard where the head landlord take a advantage of a forfeiture by the default  of the freeman mesne landlord that all the under tenant shall be thereby  discharge and so it be decree that the defendant shall take a new lease for so  much of the term as be unexpired with the same covenant as be in the old lease  freeman er p insure be not esteem case entitled to equal favour see hill v  Barclay Ves SC Ves white v Warner Meriv Bracebridge v Buckley price Rolfe  Harris ibidem see also MAlpine v swift ball and Beatrice