LEASES AND TENANCIES — where relief against forfeiture previously granted — application to pay judgment debt and outstanding monies due under the lease by instalments — whether instalment payments would put lessor in the same position it would have been in but for the lessee’s default
Quick Take
1When granting relief against forfeiture for non-payment of rent, the court may permit the tenant to satisfy the condition of putting the landlord in the position it would have been in by paying arrears by instalments rather than in a lump sum, provided interest is paid and robust default machinery is imposed so that the landlord's security is not materially diminished.
2The court's discretion to grant relief against forfeiture is not necessarily defeated by a futility argument based on alleged insolvency where the tenant offers to submit to an immediate money judgment for the full amount, proposes a credible instalment plan, and the landlord retains the right to re-enter upon any default — though the tenant's prospects of obtaining further relief against forfeiture after any subsequent default would be very significantly diminished.
