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?
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
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