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Forcelux v Binnie [2009]

Facts

  • 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

Issue

  • Could a court halt the forfeiture proceedings?

Decision

  • Yes

Reasoning

  • A landlord would be unfairly advantaged if a lessee could not remedy a breach of covenant prior to possession being taken
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