Webcast: When can a tenant obtain relief from forfeiture, and how can a landlord protect their position?
Webcast: When can a tenant obtain relief from forfeiture, and how can a landlord protect their position?
The case of The Tropical Zoo Ltd v The Mayor and Burgesses of the London Borough of Hounslow earlier this year provided valuable insights into forfeiture and the circumstances under which relief from forfeiture may be granted.
Peter Fletcher discussed the judgment and its implications with Ernest Leung at Wilberforce Chambers, who acted for one of the parties in the case.
Key takeaways:
- Acceptance of rent by an agent can amount to a waiver of a right to forfeit. The instructions and the authority that landlords give their management agents are of paramount importance.
- Parties often anticipate relief from forfeiture applications will be successful if breaches are remedied. However, this case emphasises that it remains a discretionary remedy of the court and is never achievable as a right.
Our webcast explains the legal principles involved and the specific facts that made this case stand out in many ways. It is recommended listening for anyone in the property industry who wants to better understand the law in this area.
Webcast: When can a tenant obtain relief from forfeiture, and how can a landlord protect their position?