header-logo header-logo

The elasticity of reasonable promptitude

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

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

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

NLJ Career Profile: Bridget Tatham, Forum of Insurance Lawyers

Bridget Tatham, partner at Browne Jacobson and 2026 president of the Forum of Insurance Lawyers, highlights the importance of hard work, ambition and seizing opportunities

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll