Keshwala & Anor v Bhalsod & Anor

Keshwala & Anor v Bhalsod & Anor

Delay of less than 6 months in applying for relief from forfeiture is not automatically immaterial; unexplained delay, lack of communication, and reasonable re-letting by the landlord may justify refusal of relief. The trial judge properly exercised discretion, considering all relevant factors, and was not wrong in principle.

Parties
Claimant/respondent/tenant: Navnit Savadas Keshwala; Claimant/respondent/tenant: Kiran Mahesh Sharma; Defendant/appellant/landlord: Sharda Bhalsod; Defendant/appellant/landlord: Jayshree Bhalsod
Jurisdiction
England and Wales
Judgment Date
15 April 2021
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; judgment of HHJ Hampton restored; relief from forfeiture refused.
Legal Topics
Relief From Forfeiture, Leasehold, Delay in Application, Discretionary Remedies, Peaceable Re Entry
Landlord and Tenant Property Law Equity Relief From Forfeiture Leasehold Delay in Application Discretionary Remedies Peaceable Re Entry

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Parties

Navnit Savadas Keshwala

Claimant/respondent/tenant

Kiran Mahesh Sharma

Claimant/respondent/tenant

Sharda Bhalsod

Defendant/appellant/landlord

Jayshree Bhalsod

Defendant/appellant/landlord

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether delay of less than 6 months in applying for relief from forfeiture bars relief
  2. 2 Whether the County Court's discretion under s.139(2) County Courts Act 1984 was properly exercised
  3. 3 Whether the judge erred in refusing relief based on tenant delay and lack of communication

Ratio Decidendi

Delay of less than 6 months in applying for relief from forfeiture is not automatically immaterial; unexplained delay, lack of communication, and reasonable re-letting by the landlord may justify refusal of relief. The trial judge properly exercised discretion, considering all relevant factors, and was not wrong in principle.

Court Disposition

Appeal allowed; judgment of HHJ Hampton restored; relief from forfeiture refused.

Orders

  • Claim for relief from forfeiture dismissed.
  • Order of HHJ Hampton reinstated.