SWA Developments Ltd v Burke [2016] EWCA Civ 389 (17 March 2016)

SWA Developments Ltd v Burke [2016] EWCA Civ 389 (17 March 2016)

Relief from forfeiture was refused because the tenant had abandoned the premises, shown no interest in the lease, and allowed breaches to continue without remedy or engagement, making it inappropriate to grant relief.

Citation
[2016] EWCA Civ 389
Parties
Respondent: SWA Developments Ltd; Appellant: Burke
Jurisdiction
England and Wales
Judgment Date
17 March 2016
Procedural Posture
Renewed Application for Permission to Appeal / Court of Appeal, Post County Court Judgment
Outcome
Permission to appeal refused
Legal Topics
Relief From Forfeiture, Lease Covenants, Waiver of Breach, Discretionary Relief
Property Law Landlord and Tenant Relief From Forfeiture Lease Covenants Waiver of Breach Discretionary Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

SWA Developments Ltd

Respondent

Burke

Appellant

Procedural Posture

Renewed Application for Permission to Appeal / Court of Appeal, Post County Court Judgment

Legal Issues

  1. 1 Whether relief from forfeiture should be granted
  2. 2 Whether breaches of lease covenants were waived
  3. 3 Whether judge exercised discretion correctly

Ratio Decidendi

Relief from forfeiture was refused because the tenant had abandoned the premises, shown no interest in the lease, and allowed breaches to continue without remedy or engagement, making it inappropriate to grant relief.

Court Disposition

Permission to appeal refused