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01 August 2019 / Anthony Owen
Issue: 7851 / Categories: Features , Property , Landlord&tenant
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The elasticity of reasonable promptitude

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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

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