Termination Of Tenancies

Question 1

If an obligation in a lease is phrased as a condition such as I grant you this lease as long as you keep the premises in good repair what happens to forfeiture?

Answer 1

No forfeiture is necessary. The landlord automatically has a right of entry for breach of the condition.

Question 2

Wha mechanisms for forfeiture are available?

Answer 2

1. Forfeiture for non-payment of rent
2. Relief from forfeiture for non-payment of rent
3. Forfeiture for breach of covenant other than rent

Question 3

What must the landlord do to initiate forfeiture for non-payment of rent? Criminal statute about repossession? What can the tenant do?

Answer 3

Obtain a court order for possession or peaceably re-enter the property. However s.6 criminal law act 1977 states it’s a crime to repossess a property. The tenant is in a much stronger position as they can pay the arrears off anytime before the court hearing. If the landlord accepts, then he will remind the court that the breach can be remedied.

Question 4

When the tenant applies for relief against forfeiture what 2 factors will the court take into account?

Answer 4

1. If the breach is remediable e.g. Pay arrears

2. If the relationship between landlord and tenant may continue

Question 5

What statute governs relief from forfeiture for non-payment of rent? Is there an obligation on the court to grant this?

Answer 5

Section 38 Supreme Court Act 1981. No.

Question 6

What are the 3 conditions for relief from forfeiture for non-payment of rent?

Answer 6

1. Tenant must pay all the arrears of rent
2. Tenant must pay all the landlords costs
3. It must be just and equitable to grant relief. The tenant has to come with clean hands. Persistent late payments unlikely to be granted relief.
   The courts have discretion, case by case basis. Tenant can claim relief up to 6 months after the landlords repossession.

Question 7

What governs Forfeiture for breach of covenant other than rent?

Answer 7

Section 146 LPA 1925 notice served by the landlord on a tenant that there is a breach specifying the particular breach and expresses what they want. This should be in the notice. Stating if the breach is capable of remedy and if they want compensation.

Question 8

Under section 146(2) LPA 1925 what can the tenant do?

Answer 8

A tenant can apply for relief against forfeiture. However they cannot claim relief once a landlord has actually repossessed the property. This is because the principle of exclusive possession has been terminated by the landlord taking possession of the property. There has to be something that shows the lease will be ongoing. This only applies if the court forfeits by court proceedings.

Question 9

What are the 4 stages required by section 146 for forfeiture by court proceedings?

Answer 9

1. Landlord must serve a carefully drafted warning notice on the current tenant.
2. The landlord must then wait a reasonable time before commencing forfeiture proceedings. This isn’t clear 1-2 weeks or less. Must be a pause between serving the warning. If the tenant remedies the breach during this time, the landlord cannot claim forfeiture.
3. If a breach is not remedied in the reasonable time waiting period, the landlord can issue a claim form demanding forfeiture. (3 months).
4. When the forfeiture reaches court, the tenant can beg to be granted relief, this is likely to happen when the disrepair has been out right or where the landlord has not been substantial harmed by an irremediable breach.

Question 10

What case confirms section 146 LPA 1925?

Answer 10

Bilson v Residential Apartments
Landlord peaceably re-entered the deserted property at 5am HL HELD that the absence of a court order meant that a tenant could commence court proceedings to get the property back where the landlord forfeited by peaceable re-entry. Absence of the court order meant that exclusive possession continued. No explicit time limit on an application for relief after peaceable re-entry but must be done not too long. As this is a factor when the court considers granting relief or not.

Question 11

What are the 3 ways you can terminate a tenancy? ENF

Answer 11

1. Effluxion of time (conclusion of a fixed term tenancy). Tenancy concludes when contractual period agreed in the lease ends. This is a non-contentious conclusion of a lease.
2. Notice to quit- it can be contentious. This can happen either (a) by giving notice to terminate a periodic tenancy or (b) by invoking a break clause in a fixed term lease. Break clause has to be part of the lease and is covered by section 31 and 32 of the Housing Act 1988.
3. Forfeiture- the landlord has the right to forfeiture. It is the most powerful remedy for a landlord. Where a tenant breaches a covenant the landlord can re-enter the property and bring the lease to a premature end. E.g. Tenant brings in pets when they are not allowed in the lease.
   Where the tenants obligations are phrased as a covenant, the landlord only has the right to forfeit for breach by the tenant of one of his obligations if the lease contains an express forfeiture clause (right of entry). That forfeiture clause must extend to the breach which has in fact occurred. A landlord can waive a breach of covenant either expressly or by conduct, once this is done the landlord cannot bring forfeiture on that ground. Once and for all waiver.