header-logo header-logo

01 August 2019 / Anthony Owen
Issue: 7851 / Categories: Features , Property , Landlord&tenant
printer mail-detail

The elasticity of reasonable promptitude

Anthony Owen has some words of advice for long leaseholders applying for relief from forfeiture: time is of the essence

  • The Court of Appeal has confirmed that an application for relief from forfeiture must be made no more than six months after a property has been repossessed.
  • Tenants under long leases must ensure that payments are duly made, regardless of occupation of the property.

The case of Lakeside Developments Ltd v Gibbs [2018] EWCA Civ 2874, [2019] All ER (D) 38 (Jan) contains some salutary warnings for long leaseholders, particularly those who may for one reason or another have been out of occupation of their leasehold premises for a period of time and not taken steps to ensure that payments of rent and service charges are kept up to date.

The facts of the case

The claimant, Caroline Gibbs, was a tenant of a studio flat under a lease for 999 years granted in 1986 at a commencing yearly rent of £50. She was also liable to pay insurance

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll