Loading

How does a tenant obtain relief against forfeiture of its lease? (Part 2)

Author : William Stark - 29-10-2011

Allens Arthur Robinson have written an article about a Queensland Court of Appeal case in which a sub-tenant obtained an order for relief against forfeiture in circumstances where the tenant was insolvent and failed to pay the rent as it fell due (see http://bit.ly/pEIs17).

The case is a prime demonstration of the principle that if the rent is paid, in the vast majority of cases the tenant will obtain an order for relief against forfeiture.
The facts were that the sub-tenant had operated a workshop business on a part of the leased premises (a workhop and service station in Mackay, Queensland) for 25 years. The Court of Appeal found that the sub-tenant's interest in remaining in possession was greater than the landlord's interest in finding a tenant for the entire workshop and service station property. The sub-tenant was granted relief against forfeiture in the form of a lease for the balance of the term of the original lease (until June 2012).

About The Author

William Stark

Recent Posts

Fraudulent activity in Property transactions

William Stark

Date : 10-01-2020

Recent developments in Property Law

William Stark

Date : 10-01-2020

Retail Leasing Seminar on 25 March 2015

William Stark

Date : 10-01-2020

Review of the PPS Act

William Stark

Date : 10-01-2020

Lending to mature aged borrowers

William Stark

Date : 10-01-2020

When does the PPSA transitional period end?

William Stark

Date : 10-01-2020

Strategic Use of Guarantees

William Stark

Date : 10-01-2020

High Court to hear appeal about Willmott

William Stark

Date : 10-01-2020

Personal Property Security Law Conference

William Stark

Date : 10-01-2020

PPSR data migration issues update

William Stark

Date : 10-01-2020

Retail Leases Seminar

William Stark

Date : 10-01-2020

Recent developments in Property Law

William Stark

Date : 10-01-2020

New form of contract of sale of real estate

William Stark

Date : 10-01-2020

What's hot in mortgage enforcement?

William Stark

Date : 10-01-2020

New form of contract of sale of real estate

William Stark

Date : 10-01-2020

Severance of joint tenancies update

William Stark

Date : 10-01-2020

2023 Case Law Update

William Stark

Date : 10-01-2020

Solicitor's Certificates - Tips and Traps

William Stark

Date : 10-01-2020

Loading
How does a tenant obtain relief against forfeiture of its lease? (Part 2) | Greens List