Pakwood Transport v 15 Beauchamp Place [1977] 7 WLUK 115

Forfeiture, S.146 Notice
Pakwood Transport v 15 Beauchamp Place [1977] 7 WLUK 115 is a Commercial Property Law case concerning Forfeiture
 
Facts: 
 
This case concerned a Landlord who served a S.146 notice to the Tenant. As a result, the Tenant wanted to apply for relief against forfeiture. However, the Landlord argued that the Tenant could not do so until proceedings for forfeiture has been started by him (the Landlord). 
 
Issue: 
 
The main issue in Pakwood Transport v 15 Beauchamp Place:
 
Could the Tenant apply for relief against forfeiture before the Landlord began proceedings? 
 
Held: 
 
Yes. The Court of Appeal rejected the Landlord’s argument. Therefore, the Tenant was allowed to apply for relief against forfeiture before proceedings had been instituted by the Landlord.
 
References: [1977] 7 WLUK 115, [1978] 36 P. & C.R. 112, [1977] 245 E.G. 309, [1978] C.L.Y. 1781
 
Read our notes on Forfeiture and other cases for more information. 

Leave a Reply

Your email address will not be published. Required fields are marked *

Free Registration introduction text Free Registration introduction text Free Registration introduction text

Our membership includes

Click on icons for previews
Notes icon
Notes
Essays icon
Essays
Tutorial Videos icon
Tutorial Videos
Quizzes icon
Quizzes
Study/Exam Tips icon
Study/Exam Tips
Interactive Learning Platform icon
Interactive Learning Platform
Quiz preview
Interactive Learning PLatform preview