PA (Pension) Ltd v Kempster & Anor [2002] EWCA Civ 640 (1 May 2002)

PA (Pension) Ltd v Kempster & Anor [2002] EWCA Civ 640 (1 May 2002)

The tenants were not entitled to set off the cost of structural repairs against rent arrears as the lease imposed no such obligation and there was no agreement for reimbursement. The landlord was entitled to forfeit the lease for nonpayment of rent. Relief from forfeiture was refused as the tenant could not pay arrears and costs within a reasonable time.

Citation
[2002] EWCA Civ 640
Parties
Respondent/claimant: PA (Pension) Ltd; Applicant/defendant: Peter Kempster; Applicant/defendant: Soheir Kamal
Jurisdiction
England and Wales
Judgment Date
01 May 2002
Procedural Posture
Civil Appeal / Renewed Applications for Permission to Appeal; Adjourned for Further Hearing
Outcome
Applications for permission to appeal adjourned and to be relisted for hearing with stay of execution in the meantime.
Legal Topics
Forfeiture of Lease, Relief From Forfeiture, Set Off for Repairs, Summary Judgment, Costs Assessment
Landlord and Tenant Property Law Forfeiture of Lease Relief From Forfeiture Set Off for Repairs Summary Judgment Costs Assessment

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Parties

PA (Pension) Ltd

Respondent/claimant

Peter Kempster

Applicant/defendant

Soheir Kamal

Applicant/defendant

Procedural Posture

Civil Appeal / Renewed Applications for Permission to Appeal; Adjourned for Further Hearing

Legal Issues

  1. 1 Whether tenants are entitled to set off costs of structural repairs against rent arrears
  2. 2 Whether landlord is entitled to forfeit the lease for nonpayment of rent
  3. 3 Whether relief from forfeiture should be granted

Ratio Decidendi

The tenants were not entitled to set off the cost of structural repairs against rent arrears as the lease imposed no such obligation and there was no agreement for reimbursement. The landlord was entitled to forfeit the lease for nonpayment of rent. Relief from forfeiture was refused as the tenant could not pay arrears and costs within a reasonable time.

Court Disposition

Applications for permission to appeal adjourned and to be relisted for hearing with stay of execution in the meantime.

Orders

  • Applications for permission to appeal to be relisted on notice to the landlords in the first or second week of July 2002 before a two judge court.
  • Stay of execution granted in the meantime.