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 LexisPSL on 04/09/2017

The following Property Disputes Q&A produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • 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?

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 is dispensed with. There is no need to serve a notice pursuant to section 146 of the Law of Property Act 1925 when the breach relied upon is non-payment of rent.

In the case on forfeiture for non-payment of rent, as here, relief is based on the jurisdiction of the courts of equity.

In this case the question is if the unpaid rent is paid before possession is taken pursuant to the order, does relief from forfeiture have to

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