Forfeiture

Citation

Waterson, G. and Lee, R. (2000), "Forfeiture", Property Management, Vol. 18 No. 2. https://doi.org/10.1108/pm.2000.11318bab.012

Forfeiture

Finally, and very briefly: first, in Target Home Loans Ltd v. Iza Ltd (2000) 02 EG 117 the court held that the mortgagee in possession of a leasehold maisonette could serve a valid counter-notice under the Leasehold Property (Repairs) Act 1938 where the landlord had served notice under the Act as a precursor to forfeiture; also that the mortgagee in this case was entitled to relief against forfeiture; second, in Croydon Unique Ltd v. Wright (1999) 40 EG 189, the Court of Appeal held (Pill LJ dissenting) that the holder of a charging order was likewise entitled to relief against forfeiture, a conclusion which in this case required the setting aside of an order which had been made no less than three years previously.

Geoffrey Waterson and Roslind Lee

The law is stated as it is believed to be as at 1 February 2000.