Jamal Demachkie appears in latest High Court case on relief from forfeiture
1st January 1970
The High Court has handed down judgment in the case of Pineport v Grangeglen [2016] EWHC 1318 (Ch), which concerns the circumstances in which the High Court may exercise its inherent equitable jurisdiction to grant relief from forfeiture for non-payment of rent. The delay in the tenant applying for relief (some 14 months after the lease was forfeited by peaceable re-entry) was one of the longest periods in which a tenant had asked the court to exercise its discretion.
The judgment provides invaluable guidance on how a court should approach such applications and the extent to which factors such as: windfall to the landlord, other breaches of covenant, time period for repayment, and reasons for delay will play into the exercise of the court’s inherent jurisdiction.
Jamal Demachkie is the Head of 3PB Barristers’ Property and Chancery Team.
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