Q&As

Where a residential tenant wishes to apply for relief from forfeiture will they also need to get the possession order set aside or appeal it and can this be done with the landlord’s consent? If so should the applications be made together? What is the County Court fee for making a claim for relief?

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Published on LexisPSL on 10/12/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a residential tenant wishes to apply for relief from forfeiture will they also need to get the possession order set aside or appeal it and can this be done with the landlord’s consent? If so should the applications be made together? What is the County Court fee for making a claim for relief?
  • Time limit for application for relief from forfeiture for any breach other than rent arrears
  • How does a tenant set aside or appeal a possession order made in forfeiture proceedings, and can this be done by consent with the landlord?
  • What is the court fee for an application for relief?

Time limit for application for relief from forfeiture for any breach other than rent arrears

The process for claiming relief against forfeiture varies depending on the nature of the breach. If the breach is rent arrears, see Practice Note: Claiming relief from forfeiture when breach is rent arrears.

If a landlord forfeits for a breach other than non-payment of rent it needs to serve a notice under section 146 of the Law of Property Act 1925 (LPA 1925) prior to forfeiture. In the case of a residential property which is occupied, the landlord then needs to obtain a court order to obtain possession. See Practice Note: Protection from eviction and protection from harassment.

Under LPA 1925, s 146(2), a tenant can apply for relief at any time while the landlord is '…proceeding…to enforce…'.

Accordingly, any application for relief in the context of forfeiture proceedings, in the High Court or County Court, must be made before the

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