Keshwala & Anor v Bhalsod & Anor [2020] EWHC 2372 (QB) (04 September 2020)

Keshwala & Anor v Bhalsod & Anor [2020] EWHC 2372 (QB) (04 September 2020)

The judge erred in treating the issue as a general discretion and failing to give due weight to the statutory six-month period; delay within six months was not exceptional and did not justify refusal of relief; both tenants had consented to the application; relief from forfeiture should be granted.

Source-derived case information.

Citation
[2020] EWHC 2372 (QB)
Parties
Claimant/appellant: Navit Savadas Keshwala; Claimant/appellant: Kiran Mahesh Sharma; Defendant/respondent: Sharda Bhalsod; Defendant/respondent: Jayshree Bhalsod
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Civil Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal allowed; relief from forfeiture granted.
Legal Topics
Relief From Forfeiture, Leasehold, Equitable Discretion, Delay in Application, Re Entry for Non Payment of Rent
Property Law Landlord and Tenant Relief From Forfeiture Leasehold Equitable Discretion Delay in Application Re Entry for Non Payment of Rent

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Parties

Navit Savadas Keshwala

Claimant/appellant

Kiran Mahesh Sharma

Claimant/appellant

Sharda Bhalsod

Defendant/respondent

Jayshree Bhalsod

Defendant/respondent

Procedural Posture

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the refusal to grant relief from forfeiture was wrong in law
  2. 2 Whether delay within six months of forfeiture is sufficient to refuse relief
  3. 3 Whether both joint tenants must apply for relief from forfeiture

Ratio Decidendi

The judge erred in treating the issue as a general discretion and failing to give due weight to the statutory six-month period; delay within six months was not exceptional and did not justify refusal of relief; both tenants had consented to the application; relief from forfeiture should be granted.

Court Disposition

Appeal allowed; relief from forfeiture granted.

Orders

  • Relief from forfeiture granted to the Claimants.
  • Appropriate provision to be made for terms of relief, including reversionary lease if necessary.