Relief from forfeiture: Application to licences

DWF | Property Law Journal | September 2018 #364
Alexandra Herbert reviews the case of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2018] ‘The court has a wide discretion when deciding whether to grant forfeiture. One of the considerations taken into account when considering an application is the possibility of the landlord receiving a disproportionate windfall if the agreement was to …

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Forfeiture: Stretching the limits

Nabarro LLP | Property Law Journal | March 2017 #349
Edward Gamble discusses key factors to consider in a claim for relief from forfeiture for non-payment of rent ‘There is no fixed time limit for applications to be made in cases under the court’s equitable jurisdiction, although the statutory six-month time limit is used as a guide by analogy.’The ability to forfeit a lease to …

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Remedies: A case for pragmatism

Exchange Chambers | Property Law Journal | November 2016 #346
Andrew Williams explores a landlord’s remedies for tenant disrepair during a tenancy ‘The forfeiture route carries many advantages for a landlord; not least of all, claims for forfeiture commonly include a claim for damages.’It is easy to empathise with the landlord of commercial premises who discovers that its tenant has allowed the building to fall …

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Relief From Forfeiture: Making a molehill out of a mountain

Forsters LLP | Property Law Journal | November 2015 #336
Charlotte Ross explores a case concerning forfeiture of a head lease where the court refused to grant relief ‘There might be some breaches that would be so serious and irremediable as to justify the refusal of relief, but in most cases relief will be granted on the breach being remedied and the tenant paying the …

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