Assessing which way a court may jump – a tricky number at the best of times – can be particularly difficult when the outcome lies in the judge’s discretion. Child custody disputes apart, nowhere is this more true than where the court hears a tenant’s application for relief from forfeiture for a breach other than that of non-payment of rent.
While reminding us in
If any trend can be discerned, it seems that, in this day and age, even wilful breaches will be excused where the windfall awaited by the landlord is out of all proportion to the gravity of the tenant’s conduct.
Assessing which way a court may jump – a tricky number at the best of times – can be particularly difficult when the outcome lies in the judge’s discretion. Child custody disputes apart, nowhere is this more true than where the court hears a tenant’s application for relief from forfeiture for a breach other than that of non-payment of rent.
While reminding us in Each one on its merits, Estates Gazette 26 August 2000, p79, that each case turns on its own particular facts, David Levy, of Paisner & Co, has usefully reviewed four decisions handed down over the past 10 years. These will certainly offer guidance, and possibly (if the facts are close) a persuasive precedent or two.
If any trend can be discerned, it seems that, in this day and age, even wilful breaches will be excused where the windfall awaited by the landlord is out of all proportion to the gravity of the tenant’s conduct.
