Remedies for breach of leasehold covenants

Question 2

What remedy can a landlord use if a commercial tenant fails to pay rent?

Answer 2

The landlord can use Commercial Rent Arrears Recovery to take control of the tenant’s goods and sell them.

Question 3

What is forfeiture in the context of leasehold covenants?

Answer 3

Forfeiture is the landlord’s right to end the lease early and re-enter the premises.

Question 4

Is forfeiture automatically available for non-payment of rent?

Answer 4

No, forfeiture is only available if expressly included in the lease terms.

Question 5

What must a landlord do to forfeit a lease?

Answer 5

Serve a notice on the tenant specifying the breach, requiring it to be remedied within a reasonable time, and stating any compensation payable.

Question 6

How can a landlord waive the right to forfeit?

Answer 6

By accepting or demanding payment after becoming aware of the breach.

Question 7

What can a party do if the other fails to fulfill repair obligations?

Answer 7

They may claim damages or seek specific performance.

Question 8

What is a “self-help” clause?

Answer 8

A clause allowing the landlord to enter the premises and make repairs if the tenant breaches the covenant of repair, provided they give notice first.

Question 9

What can a landlord recover if they resort to self-help?

Answer 9

The costs of the repair can be recovered as a debt from the tenant.