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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi I have given notice to terminate my tenants lease under

Resolved Question:

Hi
I have given notice to terminate my tenants lease under the development clause but he took me to court to have the lease rented but he lost. The judge gave him three months to vacate and no permission to appeal , however he applied for permission to appeal and has been granted one.
The judge ordered costs in our favour that the tenant hasn't paid. My question is, can I use the non payment of costs as a reason to forfeit the lease ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hello, thank you for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

Whether you can do as you query, all depend upon the exact wording of the clause concerned. If legal costs are caught within the terms of the clause, then it may be that you are able to forfeit as a result of non-payment. However, this is not without its risks.

Customer:

Hi Tony

tdlawyer :

This is particularly so given that permission to appeal has been given by an appeal court.

tdlawyer :

Hello!

Customer:

Should I send you copy of the lease

tdlawyer :

If he appeals, and is successful, the new appeal court may reverse the costs decision. That would mean that the costs would not have been due. Consequently, any attempt to forfeit based upon a sum which ultimately is determined not to be due, would be incredibly risky for you. It might mean that the forfeiture was unlawful.

Customer:

Permission to appeal has been sought and granted only on one aspect of the judgement

tdlawyer :

You could type out the text of the relevant clause, but I don't think there is any point in doing that. Put simply, it is most likely to depend on the outcome of the appeal.

tdlawyer :

But that one aspect could be determinative.

tdlawyer :

And it may undo everything.

Customer:

Which aspect

tdlawyer :

.

Expert:  tdlawyer replied 3 years ago.

The aspect for which the appeal court has given permission. This could undo the earlier judgment, and reverse the costs order.

Tony

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