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Freifeld v West Kensington Court Ltd: What a relief

Simon Allison looks at the circumstances in which relief from forfeiture will be granted by the court, and where it will not

14 October 2015

In many instances, the first involvement of lawyers in ?a forfeiture scenario, where acting for a tenant, is after ?the lease has been forfeit – a number of months later would be ideal. 

Often in such instances, no constructive dialogue with the landlord has taken place or ?even been attempted. Where the lease is of a commercial property, the client’s main concern is often their inability to continue trading if locked out. Even where forfeiture has been affected by service of proceedings for a possession order, once the possession order has been obtained, ?time is often very limited.

The starting point is to remember that the court almost always leans against forfeiture and in favour of granting relief. ?If a client can make good their breach of covenant and satisfy the court they are willing to fulfil their obligations in future, they are in a strong position. ?Certain factors will, however, point against relief being granted, such as:

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