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September 2015 Property Newsletter

4KBW Property newsletter Relief from Forfeiture September 2015Relief from forfeiture – are the courts going to grant relief from forfeiture more readily?

The Court of Appeal has considered forfeiture and the principles to apply when considering relief from forfeiture in three recent cases: Magnic Ltd v Ul-Hassan and Malik [2015] EWCA Civ 224; Freifeld and another v West Kensington Court Ltd [2015] EWCA Civ 806, and Safin (Fursecroft) Ltd v the estate of Dr Said Ahmed Said Badrig (deceased) [2015] EWCA Civ 739.

In his update on these cases, David Sawtell (2005) writes that it was emphasised on each occasion that the granting of relief from forfeiture is discretionary. The starting point for the exercise of this discretion is that the right gives the landlord security. It is not intended to act as an additional penalty for a breach of covenant. The courts will be slow to give the landlord an unwarranted windfall. Each of the cases emphasises a different aspect of the exercise of this discretion.

SEMINARS

The 4 KBW Property and Housing Team provides a number of seminars for our solicitors across the country. We are happy to come to your firm to give a CPD accredited talk, alternatively we can arrange to host a seminar in Chambers.

The following seminars are currently being presented by members of the team:

• Current Trends in Civil Procedure (David Sawtell and Georgia Whiting)
• New Challenges in the Law of Easements (David Sawtell and Ayesha Omar)
• How to draft a bulletproof settlement agreement (Michaella Jacobs and David Sawtell)

Later this autumn we shall be hosting our larger CPD event at a central London venue.

We are also happy to produce bespoke seminars on particular areas of property, chancery and commercial law that are of interest to your team. Please contact our clerk, Hilary Foster, for more details.

ABOUT THE 4 KING’S BENCH WALK PROPERTY TEAM

4KBW has a large Property and Housing Team, offering expertise at every level. Work done includes landlord and tenant (both residential and commercial), chancery and real property (including trusts of land), housing and public law, and the Property Tribunal. We are able to cover cases at every level, from simple possession actions in the County Court to complicated disputes in the High Court and the Court of Appeal. The team is expertly clerked by Hilary Foster, the principal property clerk, and other civil clerks. They will be able to help you select a member of Chambers with the appropriate experience.