Relief against forfeiture on a second occasion where late payment was inadvertent

In Far East Land Holdings Ltd v Empire Asian Ltd ([2011] 4 HKLRD 472) the landlord had obtained an order for possession on the basis of the tenant’s failure to pay the rent. The tenant successfully applied for relief against forfeiture. By mistake, it was a few days late with a subsequent payment. This payment was, however, accepted by the landlord. The landlord, nevertheless, sought possession. The tenant was granted relief a second time on the basis that the delay was a slip on its part and the court has both statutory and an inherent equitable discretion to grant relief a second time. In any event, the landlord had waived the breach by accepting the late rent payment.

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