The lessee of a flat charged it to secure the purchase price. He fell into arrears in the payment of service charges which were recoverable as rent. The landlord obtained judgment for the arrears and for costs. The tenant paid the arrears but not the costs, and the landlord acted to take possession for non-payment. The lender applied for relief out of time. It had known of the proceedings since their inception.
Held: The term ‘lessee’ in section 138 of the Act, must be read to include a mortgagee, and having failed to act within the time limits set down, the mortgagee was barred from all relief.
cw Forfeiture relief lease mortgaged lessor repossessing flat – mortgagee failing to apply in time for relief – whether ‘lessee’ includes ‘mortgagee’.
Citations:
Gazette 02-Jun-1993, Independent 14-Apr-1993, Times 23-Mar-1993, [1993] 4 All ER 310 CA
Statutes:
County Courts Act 1984 138(2) 140
Jurisdiction:
England and Wales
Citing:
Applied – Doe d Wyatt v Byron 1845
. .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Litigation Practice
Updated: 26 October 2022; Ref: scu.90071
