Opinion

Is this law 'for-FIT' for purpose?

20th September 2018

Is this law 'for-FIT' for purpose?

Higgs Property Disputes expert, Nyree Applegarth believes the recent decision in the Mccadden case to deprive a residential tenant of their home, once again raises the question of whether the law of forfeiture is fit for purpose.

“The leaseholder has had their home taken away because they decorated and improved the flat. Although this was without the consent of the freeholder, the works clearly improved the flat which will be to the eventual benefit of the freeholder. The tenant also failed to pay some legal costs, but again in the context of losing their home, the amount of unpaid costs are trivial.

“From what has been reported, this appears to be a clear case where the tenant should be granted relief from forfeiture and have their lease reinstated, once again raising questions as to the law of forfeiture and how it is applied in such circumstances.”

For further information on anything contained in this article, please contact Nyree Applegarth

 

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