Golding v Martin

Subject Matter

LANDLORD AND TENANT — Lease — Relief from forfeiture — Landlord’s claim for possession order on grounds of arrears of rent — Order for possession made in absence of tenant — Whether hearing at which order made “trial” — Whether constraints on possession orders made “at trial” applying — Whether possession order defective for failure to comply with such constraints — Whether grant of relief against forfeiture “success at the trial” — County Courts Act 1984 (c 28), s 138(3) (as amended by Courts and Legal Services Act 1990 (c 41), s 125(2), Sch 17, para 17) — CPR rr 3.1(2)(m)(7), 39.3(5)(c), 55.5(1)

[2019] EWCA Civ 446; [2019] Ch 489; [2019] 3 WLR 138; [2019] WLR(D) 166, CA

Commentary

Nearly Legal
Game of forfeits Case comment