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Peaceable re-entry and relief from forfeiture for non-payment of rent

Peaceable re-entry and relief from forfeiture for non-payment of rent

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2016) Peaceable re-entry and relief from forfeiture for non-payment of rent. Landlord and Tenant Review, 20 (5). pp. 184-188. ISSN 1365-8018

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Abstract

The commentary examines the case of Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (Ch), where a tenant was granted relief from forfeiture of an underlease for non-payment of rent following a peaceable re-entry of an industrial unit. This was despite a delay of 14 months in bringing the claim for relief and the claimant's illegality relating to its use of the premises. The commentary considers the issue of delay and also the question as to whether a tenant's illegal activities relating to the use of the premises can be taken into account in the exercise of the court's equitable jurisdiction whether or not to grant relief from forfeiture. The commentary also examines the case law on whether the court retains a discretion to refuse relief where the landlord (and any other interested parties) cannot be put back into their original position.

Item Type: Article
Uncontrolled Keywords: Business tenancy; Peaceable re-entry; Relief against forfeiture; Delay; Tenant's illegal activity; Prejudice to landlord
Subjects: K Law > K Law (General)
Faculty / Department / Research Group: Faculty of Architecture, Computing & Humanities
Faculty of Architecture, Computing & Humanities > Department of Law
Related URLs:
Last Modified: 09 Feb 2018 17:34
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/15910

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