LEASES AND TENANCIES — default and termination — relief against forfeiture — application for additional relief against forfeiture where relief has already been given — HELD — further relief refused — no question of principle
Quick Take
1Where a tenant has already been granted relief against forfeiture and the landlord was permitted to apply the security deposit to rent arrears, the tenant's continuing lease obligation to provide and maintain the security deposit is not displaced by those orders; on the facts, the landlord remained entitled to the security for which the lease provides.
2An application for further relief against forfeiture that would effectively vary the terms of the lease in advance of a potential breach was refused, particularly where the tenant could pay but preferred not to and had already received significant indulgences.
3That a landlord is under no obligation to apply a security deposit upon a future breach is simply a consequence of the parties' contractual arrangement and does not justify relieving the tenant of the obligation to provide it.
