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Relief against forfeiture - Part 1

By: Series: New Law Journal ; 151(6966) 12 January 2001, 27-29(3)Publication details: 2001Subject(s): Summary: Considers the Law of Property Act 1925 s146(2), which allows a tenant to apply to the court to use its discretionary powers to grant relief against forfeiture, although it does require the court to have regard to the proceedings, the conduct of the parties and all the circumstances of the case. Considerations include whether or not there was a wilful or deliberate breach of covenant; whether the lessee has made or will make good the breach and will fulfil their obligations under the lease in the future; the personal hardship that would be occasioned to the tenant and if they might have remedy against another; whether, if the breach occurred because the tenant had done something without the landlord's permission, it would have been unreasonable for permission to be refused; and if the breach occasioned lasting damage to the landlord. Examples of relevant case law are given for each of these considerations. To be continued.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS63446 (Browse shelf(Opens below)) 1 Available 110547-1001

Considers the Law of Property Act 1925 s146(2), which allows a tenant to apply to the court to use its discretionary powers to grant relief against forfeiture, although it does require the court to have regard to the proceedings, the conduct of the parties and all the circumstances of the case. Considerations include whether or not there was a wilful or deliberate breach of covenant; whether the lessee has made or will make good the breach and will fulfil their obligations under the lease in the future; the personal hardship that would be occasioned to the tenant and if they might have remedy against another; whether, if the breach occurred because the tenant had done something without the landlord's permission, it would have been unreasonable for permission to be refused; and if the breach occasioned lasting damage to the landlord. Examples of relevant case law are given for each of these considerations. To be continued.