FORFEITURE Flashcards
Does there have to be a forfeiture clause in legal leases?
- There must be anexpress forfeiture clausein the lease allowing the landlord to forfeit the lease in the event of breach of covenant (or insolvency) by the tenant.
- The right to forfeit isnever impliedinto a legal lease.
- A forfeiture clause is therefore also known as are-entry clause.
Does there have to be a forfeiture clause in equitable leases?
- There does not need to be an express forfeiture clause, because a right to forfeit fornon-payment of rent is implied into equitable leasesas one of the implied usual covenants (Hodgkinson v Crowe).
How can a landlord exercise their right to reentry in business cases?
- by peaceably re-entering the property
- by obtaining a court order
How can a landlord exercise their right to reentry in residential cases?
- by obtaining a court order
What would be a continuing breach? How does this impact waivers?
failure to repair
- waiver only lasts until the next rent day
What would be a non-continuing breach? How does this impact waivers?
sub-letting without consent
- waiver is permanents
What type of breach is non-payment of rent classified as?
- anon-continuing breach(London and County (A&D) Ltd v Wilfred Sportsman Ltd).
- each individual non-payment of rent (ie each missed payment) is deemed to be a separate breach, creating a separate right to forfeit.
If a head-lease is forfeited, how will this impact the sub-lease?
If a head-lease is forfeited, any sub-lease will also be destroyed.
- A sub-tenant in the premises has the right to apply for relief from forfeiture.
What types of breaches will be incapable of remedy?
illegal/ immoral use
assigning/ subletting
What types of breaches will be capable of remedy?
unauthorised alterations
if the lessee can take immediate steps to stop the breach
most are capable of remedy
