Lilyford v La Porta: repossession and relief
The law of forfeiture, in particular the landlord’s right to repossess and the tenant’s right to relief, is highly complex. Without specific expertise in landlord and tenant law and the proper and timely deployment of active or protective tactics, parties can find themselves waiving rights or estopping themselves from taking action. Non-specialist courts can and do err in this niche area, with potentially devastating effects, to the extent that parties can become erroneously excluded from land. The case of Lilyford Limited v Giovanni La Porta is an interesting illustration.
In 2001 the defendant landlord (Mr La Porta) let two properties, a restaurant and flats above, on two separate leases to the claimant tenant (Lilyford). By 2009 a dispute had arisen over the subletting of the flats. During the dispute (which led to litigation) Mr La Porta declined to accept any rent from Lilyford in respect of either lease. Following the conclusion of those proceedings, Mr La Porta wrote to Lilyford demanding payment of all outstanding rent and insurance within 21 days, failing which he would forfeit both leases. Rent was not paid and, on 11 November 2009, 21 days after the date of the letter, Mr La Porta took possession of the restaurant (but not the flats) and immediately let the restaurant to a third party. On 20 November 2009, Lilyford issued a claim in the Barnet County Court for relief against forfeiture…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Civil litigation in recent years has been dominated by cases and commentary concerned with costs, court fees, procedure and proportionality.
Key points on a clarification of the remedies available for misrepresentation.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.