138Relief against forfeiture

138 Relief against forfeiture (1) If a lessor: (a) commences proceedings to enforce a right of re-entry or forfeiture under the lease; or (b) has re-entered the leased premises without commencing proceedings, the lessee may, in the lessor's or other proceedings (if any) or in proceedings commenced by the lessee, apply to the Court for relief. (2) If a lessee makes an application for relief under subsection (1), the Court may, having regard to the proceedings, the conduct of the parties under section 137 and to any other circumstances it thinks appropriate, grant or refuse relief as it thinks just. (3) The Court may grant relief on the terms as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any similar breach in the future, as the Court in the circumstances of each case thinks just. Law of Property Act 2000 93 (4) If a lessee commences proceedings referred to in subsection (1), the institution of the proceedings is not of itself to be construed as an admission on the part of the lessee that: (a) a breach referred to in section 137(2) has occurred; (b) notice has been served on the lessee under section 137(2); or (c) a right of or cause for re-entry or forfeiture has accrued or arisen under the lease, and the Court may grant relief without making a finding or final determination that the breach has occurred, the notice has been served or the right has accrued or cause arisen. (5) The rights and powers conferred by this section are in addition to and not in derogation of any other right to relief or power to grant relief against forfeiture. (a) applies to leases made before or after the commencement of (b) has effect despite any term of a lease to the contrary.