Billson and others v Residential Apartments Ltd
Language: English Series: Weekly Law Reports ; (1991) 2 WLR 15-27(13)Publication details: 1991Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS45744 (Browse shelf(Opens below)) | 1 | Available | 54868-1001 |
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.