A commercial tenant applied under s. 20 of the Commercial Tenancies Act for relief from forfeiture after the landlord re‑entered the leased restaurant premises for non‑payment of rent.
The court considered the equitable principles governing relief from forfeiture, including the landlord’s prior acceptance of late rent payments and the absence of notice insisting on strict compliance.
Although the tenant admitted arrears for several months of rent, the court held that persistent late payment did not preclude equitable relief where the landlord could be compensated.
The existence of a pending sale of the property to a purchaser seeking vacant possession was not a sufficient intervening interest to defeat the tenant’s claim.
Relief from forfeiture was granted on conditions requiring payment of arrears, utilities, and agreed costs.
