000 01651cam a2200265 4500
001 ABS63446
008 000000n2001 000 0 eng u
035 _a(Sirsi) u110547
100 _aWilkinson, H.
245 _aRelief against forfeiture - Part 1
260 _c2001
490 _aNew Law Journal
_v151(6966) 12 January 2001, 27-29(3)
520 _aConsiders 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.
590 _aABS
650 _aBREACH OF CONVENANT
650 _aBUSINESS TENANCIES
650 _aCASE LAW
650 _aCOMMERCIAL LEASES
650 _aDISCRETIONARY RELIEF
650 _aFORFEITURE
650 _aLAW OF PROPERTY ACT 1925 S146(2)
650 _aRELIEF AGAINST FORFEITURE
690 _aLANDLORD AND TENANT-LEASES
942 _n0
999 _c65902
_d65902