Forcelux v Binnie [2009]


  • A lessee was in rent arrears under a lease
  • The landlord successfully obtained an order for possession, which the lessee appealed
  • The lessee was able to pay off the (relatively minor) arrears


  • Could a court halt the forfeiture proceedings?


  • Yes


  • A landlord would be unfairly advantaged if a lessee could not remedy a breach of covenant prior to possession being taken
RELATED CASE  St Edmundsbury and Ipswitch Diocesan Board of Finance v Clark (No 2) [1975]

Posted in Land Law Revision Notes.

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