Billson and others v Residential Apartments Ltd
Billson and others v Residential Apartments Ltd
- 1991
- Weekly Law Reports (1991) 2 WLR 15-27(13) .
HL 12 December 1991. The House of Lords allowed R`s appeal, reversing two earlier decisions which favoured Billson. These judgements had stated that the court has no jurisdiction to grant the tenant relief against forfeiture under the Law of Property Act 1925, once the landlord had peaceably regained possession. The grounds were that the landlord would not still be `proceeding` to enforce his right. The reversal was obtained on the argument that relief could be granted at any time before a court order had been obtained by the landlord; that the court order and not the re-entry was the point at which `proceeding` ceased. Juristiction to grant relief was thus allowed.
BILLSON AND OTHERS V RESIDENTIAL APARTMENTS LTD
BREACH OF COVENANT
COVENANT AGAINST ALTERATION
FORFEITURE
LAW OF PROPERTY ACT 1925 S146
PEACEABLE RE-ENTRY
RELIEF FROM FORFEITURE
HL 12 December 1991. The House of Lords allowed R`s appeal, reversing two earlier decisions which favoured Billson. These judgements had stated that the court has no jurisdiction to grant the tenant relief against forfeiture under the Law of Property Act 1925, once the landlord had peaceably regained possession. The grounds were that the landlord would not still be `proceeding` to enforce his right. The reversal was obtained on the argument that relief could be granted at any time before a court order had been obtained by the landlord; that the court order and not the re-entry was the point at which `proceeding` ceased. Juristiction to grant relief was thus allowed.
BILLSON AND OTHERS V RESIDENTIAL APARTMENTS LTD
BREACH OF COVENANT
COVENANT AGAINST ALTERATION
FORFEITURE
LAW OF PROPERTY ACT 1925 S146
PEACEABLE RE-ENTRY
RELIEF FROM FORFEITURE