The online resource for UK Property Law

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Forfeiture

These pages contains material on various matters relating to forfeiture. See the contents column on the left.

Possession claims generally are dealt with in the Property litigation section of the site.

Section 146 notices

Getting the notice right Akici v LR Butlin Ltd [2005] EWCA Civ 1296 Introduction This case concerns the meaning of sharing possession in a tenants covenant in the context of a company, the validity of s146 notices, and remedying breaches against sharing possession....

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Rent claims

Appropriation of rent and forfeiture Thomas v Ken Thomas Ltd [2006] EWCA Civ 1504 The question Who has the right to appropriate payments? The landlord or the tenant? If there are two months rent due and the tenant makes a payment equivalent to one month and...

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Other cases

Denying title Denial by pleading? Crisp v Eastaugh [2007] EWCA Civ 638 The landlord in this case argued that he was entitled to forfeit the lease because the tenant had denied his title in the pleadings. May LJ had this to say about that suggestion: "Forfeiture of a...

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Relief

This page deals with: Application to set aside possession order - claim for relief. Equitable relief from forfeiture in respect of possessory rights. Exercise of court's discretion to grant relief - windfall to landlord. Delay in application. Conditions of relief....

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