If there is a relevant breach and no operative waiver, the landlord may proceed to forfeit. However the ability to do so effectively is limited as the courts have jurisdiction to grant the tenant relief from forfeiture. This is an equitable jurisdiction, although now largely dependent upon statute. It is part of equitys general jurisdiction to relieve against penalties and other means that the court may order the lease to continue where forfeiture is considered …
showed first 75 words of 780 total

showed last 75 words of 780 total
…tenant may apply for relief from forfeiture of the headlease. If the court exercises its discretion to grant relief it will order a new head tenancy for the former sub tenant. This is however a discretion that is used sparingly. In conclusion therefore in an appropriate case it may, however, be exercise even in favour of an unlawful sub tenant, where the sub tenancy was granted in breach of the head terms of the lease.