Relief From Forfeiture ' Delay Of Less Than Six Months Unlikely To Be Fatal To The Grant Of Relief From Forfeiture

• Published date: 29 September 2020
• Subject Matter: Real Estate and Construction, Landlord & Tenant - Leases
• Law Firm: Charles Russell Speechlys LLP
• Author: Oliver Park

On appeal, the High Court held that relief from forfeiture should be granted to the tenant of a lockup shop on the ground floor with living accommodation above where peaceable re-entry had been effected, and an application for relief from forfeiture was made five months later. A largely unexplained delay of less than six months in applying for relief was not sufficient to amount to an exception to the general principle that relief should usually be granted in cases where an application for relief from forfeiture is made within six months and the arrears have subsequently been paid or tendered, unless there are exceptional reasons which make it unjust to do so. This was the case even though the tenant had not informed the landlord that an application for relief from forfeiture would be made, and where the landlord had subsequently re-let the property. This decision will provide some comfort to tenants and those advising them, that even if they do not make an application for relief straight away, provided that the application is made within six months and they pay the arrears, they are likely to be successful.

Keshwala and another v Bhalsod and another [2020] EWHC 2372 (QB)

What are the practical implications of this case?

This case confirms to both landlords and tenants and those advising them that provided an application for relief is brought within six months of the date of forfeiture of the lease, it will be...