| 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 |
||