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Relief against forfeiture by action for non-payment of rent

Conveyancing and Lawof Property Act 1886

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—(1) This section has effect where a lessor is proceeding by action to enforce against a lessee a right of re-entry or forfeiture in respect of any immovable property for non-payment of rent.[Cf. 4 George II c. 28 (Landlord and Tenant Act 1730)][County Courts Act 1984, s. 138](2) If, within the time prescribed by rules of court for acknowledging service of the writ by which the action was commenced, the lessee pays into court all the rent in arrear and the costs of the action, the action shall cease, and the lessee shall hold the land according to the lease without any new lease.(3) If —(a)the action does not cease under subsection (2); and(b)the court at the trial is satisfied that the lessor is entitled to enforce the right of re-entry or forfeiture,the court shall order possession of the land to be given to the lessor at the expiration of such period, but not being less than 4 weeks from the date of the order, as the court thinks fit, unless within that period the lessee pays into court all the rent in arrear and such sum as the court shall direct on account of the costs of the action.(4) The court may extend the period specified under subsection (3) at any time before possession of the land is recovered in pursuance of the order under that subsection.(5) Subject to subsection (6), if —(a)within the period specified in the order; or(b)within that period as extended under subsection (4),the lessee pays into court —(i)all the rent in arrear; and(ii)the sum directed to be paid on account of the costs of the action,he shall hold the land according to the lease without any new lease.(6) Subsection (2) shall not apply where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent.(7) If the lessee does not —(a)within the period specified in the order; or(b)within that period as extended under subsection (4),pay into court —(i)all the rent in arrear; and(ii)the sum directed to be paid on account of the costs of the action,the order may be enforced and so long as the order remains unreversed the lessee shall be barred from all relief.(8) The extension under subsection (4) of a period fixed by the court shall not be treated as relief from which the lessee is barred by subsection (7) if he fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period.(9) Where the court extends a period under subsection (4) at a time when —(a)that period has expired; and(b)a writ of possession in respect of the property has been issued,the court shall suspend the writ for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the court shall cancel the writ.(10) Nothing in this section shall be taken to affect —(a)the power of the court to enter final judgment in a case where the defendant fails to give notice of intention to defend; or(b)the power of the court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent.

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