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Landlord and tenant – Forfeiture of lease. The district judge had made a declaration that a head lease held by the defendants be forfeited following the lapse of a stay that had been granted in respect of earlier possession proceedings. The defendants' appeal was allowed by the Court of Appeal, Civil Division. It held that that judge had made a number of errors in his judgment and, in the circumstances, the defendants breaches of the covenants in the head lease had been remedied so it would be unjust and disproportionate to deprive them of their property. However, the defendants were ordered to pay certain costs in respect of the premises and head lease.
Landlord and tenant – Forfeiture of lease. The district judge had made a declaration that a head lease held by the defendants be forfeited following the lapse of a stay that had been granted in respect of earlier possession proceedings. The defendants' appeal was allowed by the Court of Appeal, Civil Division. It held that that judge had made a number of errors in his judgment and, in the circumstances, the defendants breaches of the covenants in the head lease had been remedied so it would be unjust and disproportionate to deprive them of their property. However, the defendants were ordered to pay certain costs in respect of the premises and head lease.
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