Recoverability of Costs in Contemplation of Forfeiture: Stemp v 6 Ladbroke Gardens Management Ltd [2018] UKUT 375 (LC)

05.12.2018

HHJ Huskinson has handed down his judgment in Stemp v 6 Ladbroke Gardens Management Ltd [2018] UKUT 375 (LC). The case addresses the vexed question whether, as a matter of law, a landlord can waive the right to forfeit a lease in respect of a forfeitable breach of covenant during the period of statutory moratorium on exercising a right of re-entry or forfeiture (in this case, imposed by s.81 of the Housing Act 1996).

Nicholas Trompeter appeared for the successful tenant appellants.

James Sandham appeared for the landlord respondent.

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