Ayela & Anor v London Borough of Newham [2010] EWHC 309 (QB) (19 February 2010)

Ayela & Anor v London Borough of Newham [2010] EWHC 309 (QB) (19 February 2010)

The acts relied on by the appellants did not constitute a waiver of the right to forfeit for arrears of rent; even if there had been a waiver, subsequent non-payment of rent justified forfeiture. The appellants could not pay arrears within a reasonable time, so there was no reasonable prospect of relief from forfeiture. Judge Bailey's exercise of discretion regarding non-attendance was within the proper range. Fresh evidence did not meet the Ladd v Marshall criteria. The appeal was dismissed on all grounds.

Citation
[2010] EWHC 309
Parties
Appellant/claimant: Mrs Sandra Ayela; Appellant/claimant: Mrs Debo Kaur Kalley; Respondent/defendant: The Mayor and Burgesses of the London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Appeal / Judgment on Appeal From Refusal to Set Aside Default Judgment
Outcome
Appeal dismissed
Legal Topics
Forfeiture of Lease, Relief From Forfeiture, Waiver of Forfeiture, Promissory Estoppel, Default Judgment, Non Attendance at Trial, Fresh Evidence on Appeal
Landlord and Tenant Civil Procedure Forfeiture of Lease Relief From Forfeiture Waiver of Forfeiture Promissory Estoppel Default Judgment Non Attendance at Trial +1 more

Case Brief

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Parties

Mrs Sandra Ayela

Appellant/claimant

Mrs Debo Kaur Kalley

Appellant/claimant

The Mayor and Burgesses of the London Borough of Newham

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From Refusal to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the respondent waived its right to forfeiture of the leases
  2. 2 Whether discretionary relief against forfeiture should be granted due to alleged defects in the rent collection system
  3. 3 Whether the appellants had a good reason for non-attendance at trial

Ratio Decidendi

The acts relied on by the appellants did not constitute a waiver of the right to forfeit for arrears of rent; even if there had been a waiver, subsequent non-payment of rent justified forfeiture. The appellants could not pay arrears within a reasonable time, so there was no reasonable prospect of relief from forfeiture. Judge Bailey's exercise of discretion regarding non-attendance was within the proper range. Fresh evidence did not meet the Ladd v Marshall criteria. The appeal was dismissed on all grounds.

Court Disposition

Appeal dismissed