Business lease – historic failure to pay rent service charges and to insure – relief against forfeiture – the approach

Shah Din & Sons Ltd (CVA) v Dargan Properties Management Ltd [2012] NICh 34 (5 December 2012)

We start this issue with a case decided in the Chancery Division of the High Court of Justice in Northern Ireland. It raises a familiar trend of persistent non-payment of rent and service charges. Generally the starting point for terms of relief from forfeiture for non-payment of rent is payment of the arrears, interest and costs. Here it was argued that the prior history of persistent non-payment was also a factor the judge should take into account. The case is of practical interest and we highlight it in brief.