Q&As

A landlord of commercial premises has obtained an order for possession, plus a money judgment for rent and costs. After the hearing and one day before date of possession the tenant pays the judgment. The tenant seeking to rely on section 55 of the Administration of Justice Act 1985 claims that the tenancy is ongoing because it has paid the rent up to date. Is the lease ongoing, or does the tenant have to make application for relief from forfeiture?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on: 04 September 2017
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It is to be assumed that the landlord has brought proceedings seeking forfeiture of the lease for non-payment of rent. As the claim has been successful, it is to be assumed that the lease contained a provision permitting re-entry in the event of non-payment of rent and that the unpaid rent was demanded or section 210 of the Common Law Procedure Act 1852 applies and there was at least six months’ rent outstanding and there is insufficient distress to be found on the property to cover the unpaid rent, in which case, the need for a demand

Helen Galley
Helen Galley

Helen has built up a reputation as a well-respected commercial Chancery practitioner with an emphasis on property and trusts related issues. She has built up extensive and wide ranging expertise in both non contentious and contentious property matters ranging from small scale cases to multi-million pound developments. Helen has also acted in a wide range of commercial and business disputes in areas as diverse as travel, hire purchase, the media, entertainment, IPR, IT and e-commerce. Contentious and non-contentious trusts matters, both on and offshore, are a regular feature of her caseload. Helen is a member of STEP, ACTAPS, the Property Bar Association, the Chancery Bar Association and IAL as well as an accredited mediator. Helen is recommended as “a first-rate advocate” in Legal 500 2015 for private client (trusts and probate), partnership and professional negligence. She is said to be “consistently able to provide excellent advice in a charming and friendly style” and is “responsive, hugely supportive and extremely user-friendly”.

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Jurisdiction(s):
United Kingdom
Key definition:
Costs definition
What does Costs mean?

Money ordered to be paid by one party to another in respect of the costs incurred in the course of litigation, in bringing or defending a claim.

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