Claiming relief from forfeiture for any breach other than rent arrears
Claiming relief from forfeiture for any breach other than rent arrears

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Claiming relief from forfeiture for any breach other than rent arrears
  • Which interests does relief from forfeiture apply to?
  • Jurisdiction to grant relief in respect of breaches of covenant (other than non-payment of rent)
  • Who can apply for relief?
  • How to apply for relief
  • When can the application for relief be made?
  • Factors to be taken into account by the court
  • Terms of relief—general position
  • Terms of relief—particular factors
  • Effect of forfeiture/granting relief
  • More...

The process for claiming relief against forfeiture varies depending on the nature of the breach. This Practice Note sets out the position relating to forfeiture for breach other than non-payment of rent. If the breach is rent arrears, see Practice Note: Claiming relief from forfeiture when breach is rent arrears.

Which interests does relief from forfeiture apply to?

Relief is not limited to termination of leases, and is equally available for the ending of rights granted by licence provided they are sufficiently ‘possessory’ in nature. The requirements for relief to be available are:

  1. the agreement grants either proprietary or possessory rights over land

  2. the forfeiture provision must exist as security for the attainment of a particular object (usually the performance of covenants)

Whether rights are ‘possessory’ is likely to turn on whether there is a ‘sufficient degree of physical custody and control’ coupled with an intention to possess. In Manchester Ship Canal Company v Vauxhall Motors the court accepted that a licence granted sufficiently ‘possessory’ rights where the licensee had built, operated and maintained the infrastructure which formed the subject of the licence, and had exclusive perpetual use of it (although the court held obiter that it was not essential that the rights are granted in perpetuity).

Jurisdiction to grant relief in respect of breaches of covenant (other than non-payment of rent)

In cases of forfeiture for breaches of

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