Q&As

Where a lease which was held on trust is forfeited, can the beneficiaries seek relief from forfeiture and if so, on what basis? If the beneficiaries make payment of any arrears would the beneficiaries, or the tenant (who is a trustee) be entitled to relief pursuant to section 138 County Courts Act 1984? Would the position change if the tenant/trustee is declared bankrupt after the lease is forfeited?

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Produced in partnership with Alexander Campbell of Cornerstone Barristers
Published on: 04 June 2018
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Relief from Forfeiture

Section 138 of the County Courts Acts (CCA 1984) makes provision for a lessee to avoid possession of property being ordered in favour of the lessor by way of Forfeiture. It provides in CCA 1984, s 138(2) that if the lessee pays into court or to the lessor all outstanding Arrears and the lessor’s Costs not less than five days before the matter is listed for hearing in court, the lessor’s possession claim shall cease and the lessee shall be entitled to remain in possession of the land.

If the claim does not cease by that mechanism, CCA 1984, s 138(3) provides that, when making a possession

Alexander Campbell
Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

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Jurisdiction(s):
United Kingdom
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Key definition:
Relief from Forfeiture definition
What does Relief from Forfeiture mean?

An application made by a tenant (or sub-tenant or mortgagee) following forfeiture, seeking the reinstatement of the (forfeited) lease (or the grant of a new lease for the remainder of the term in respect of a subtenant or mortgagee).

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