fortiture for non-payment Flashcards
Where is the process for non payment set out
Common Law Procedure Act 1852, sections 210-212.
What must the landlord do
- A landlord must make a formal demand for rent before attempting to forfeit the lease by taking possession. - A landlord must make a formal demand for rent before attempting to forfeit the lease by taking possession.
How can the tenant stop proceedings
The tenant can stop those proceedings at any time before judgement by paying the arrears of rent and the costs to the landlord. This will bring proceedings to an end and tenancy will continue
Case for paying arrears
inForcelux v Binnie: A lessee was in rent arrears under a lease. The landlord successfully obtained an order for possession, which the lessee appealed. The lessee was able to pay off the (relatively minor) arrears. The court could halt the forfeiture proceedings as a landlord would be unfairly advantaged if a lessee could not remedy a breach of covenant prior to possession being taken.
How long can take relief for
up to 6 months after forfeiture has taken place. Pinepoint v Grangeglen: - HC has residual jurisdiction to grant relief even after 6 month limit which applies in the CC. In this case tenant did not apply for relief until 14 months after the landlord had actually re-entered. HC took view it had jurisdiction to grant and in the circumstances of the case they did grant that relief. Some circumstance excused the delay, what all those cases demonstrate is that forfeiture is largely about bringing the tenant into line, and if the tenant does remedy the breach, failure to pay rent, then the court is within the limits that do exist to grant relief.
Case held Art 8 and 6 complaint
Must consider proprorionayity: Manchester CC v Pinock
