An equitable charge of a lease has standing to apply to court for relief from forfeiture for non-payment of rent, where the tenant did not himself seek relief, but only indirectly on the basis that the lessee and chargor has a duty to take reasonable steps to preserve the charge’s security. The tenant stands in a similar position to a trustee unwilling to defend trust assets, and the chargee can act joining in the tenant as defendant and claim relief in the tenant’s shoes.
Citations:
Times 18-Jan-2001
Statutes:
Law of Property Act 1925 146(4)
Jurisdiction:
England and Wales
Cited by:
See Also – Bland v Ingrams Estates Ltd and Others (No 2) CA 11-Jul-2001
The tenant had allowed an equitable charge over his lease in favour of a creditor. The lease was forfeited by peaceable re-entry for non-payment of rent, and the chargee sought relief from forfeiture. A new tenancy had been granted in the mean-time. . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Land, Equity
Updated: 05 May 2022; Ref: scu.78444
