Huseyin Sik v Mohammed Abdul Malik

Huseyin Sik v Mohammed Abdul Malik

The judge erred in law by reducing rent arrears to 50% as a condition of relief from forfeiture without evidence of landlord's use of the property; discretion is circumscribed and cannot be exercised based on fairness or opposition to relief. Costs of forfeiture and legal proceedings must be treated separately, and the judge's conflation of these was outside the proper ambit of discretion.

Parties
Appellant: Huseyin Sik; Respondent: Mohammed Abdul Malik
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed on Grounds 1, 2, and 3.
Legal Topics
Relief From Forfeiture, Rent Arrears, Costs, Waiver, Peaceable Re Entry
Property Law Landlord and Tenant Relief From Forfeiture Rent Arrears Costs Waiver Peaceable Re Entry

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Parties

Huseyin Sik

Appellant

Mohammed Abdul Malik

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge had discretion to reduce rent arrears to 50% as a condition of relief from forfeiture
  2. 2 Whether the judge erred by awarding 50% of costs to the respondent
  3. 3 Whether the judge wrongly conflated legal costs with costs of re-entry

Ratio Decidendi

The judge erred in law by reducing rent arrears to 50% as a condition of relief from forfeiture without evidence of landlord's use of the property; discretion is circumscribed and cannot be exercised based on fairness or opposition to relief. Costs of forfeiture and legal proceedings must be treated separately, and the judge's conflation of these was outside the proper ambit of discretion.

Court Disposition

Appeal allowed on Grounds 1, 2, and 3.

Orders

  • Mr Malik to pay full rent arrears from date of peaceable re-entry to date of relief, plus interest.
  • Mr Malik to pay costs of peaceable re-entry and reasonable costs incurred in forfeiture proceedings.