Land Law -(forfeiture) Study Guide.
What are the 5 steps to take when answering a question on forfeiture? - Answer 1. Explain
what it is
2.Highlight the preliminary checks which the landlord must do
3.Highlight the required procedure that the landlord must take (for re-entry)
4.Highlight whether L needs to apply for a court order to-renter
5.Highlight whether relief can be sought
What is forfeiture? - Answer It is a remedy where the landlord takes back the the let
premises & the lease is terminated prematurely (also known as a right of re-entry)
What are the preliminary points that the landlord must check? (1) - Answer 1.The lease must
contain a forfeiture clause
2.L must not have waived their power to forfeit the lease (if they have waived then they can't
press on with the forfeiture procedure)
When will L have waived their ability to forfeit the lease? - Answer 1. Landlord has
knowledge of the breach
2.Landlord (or agent) the does some unequivocal (leaving no doubt) act that confirms existence
of the lease e.g. demanding/accepting rent
What are the two types of breach? + case - Answer 1.Continuing - something that reoccurs
each day
e.g. use of premises as a private residence only (legal securities v thoseby)
2.Onnce and for all breach e.g. non-payment of rent
Procedure that L must follow: Breach of covenant to pay rent (2) - Answer L must make a
formal demand for rent unless:
1.Unless lease exempts (lease says you don't have too)
OR
2.s.210 Common Law Procedure Act 1852 applies (CLPA)
, What are the two requirements under s.210 Common law procedure act 1852? - Answer 1.
The rent must be 6 month in arrears (should have been paid)
2. Insufficent goods available for distress (a common law remedy for landlords where if a tenant
is in arrears they can enter the property and take goods at the value of the arrears )
Procedure that L must follow: For all over covenants? - Answer Serve a s.146 notice
What must a s.146 notice do? +case - Answer 1. Specify the breach of covenant complained
of (Amici v LR Butlin)
2.Ask for the breach to be reminded if it is capable of being remedied
3.Ask for financial compensation if L requires it
How do we decided if the breach is capable of being remedied? (Cases) - Answer 1.Expert
clothing service and sales ltd v Hillgate house (Test)
-Can late compliance and compensation rectify the harm of damage done to the landlord:
-If it can then the courts will find that the particular breach is capable of remedy
2.Savva v Hussein
-The landlord can give consent or not.
-If they didn't they could revert the property into how it previously was (Remedy)
What is irremediable harm? - Answer Damage that is impossible to remedy
What was highlighted in Rugby School v Tannahill? - Answer -It was incapable of remedy due
to the stigma created on the property, court says that as it is not capable of remedy then the
landlord doesn't have to wait for it to be remedied
What was highlighted in Scala House v District property & co v Forbes? - Answer Assignment
or sub-letting without consent is incapable of being remedied because you cannot unmake an
estate
Tenant covt. to repair - Answer If there is a tenant covenant that requires them to repair the
property in breach, there is some additional protection for tenants
What are the 5 steps to take when answering a question on forfeiture? - Answer 1. Explain
what it is
2.Highlight the preliminary checks which the landlord must do
3.Highlight the required procedure that the landlord must take (for re-entry)
4.Highlight whether L needs to apply for a court order to-renter
5.Highlight whether relief can be sought
What is forfeiture? - Answer It is a remedy where the landlord takes back the the let
premises & the lease is terminated prematurely (also known as a right of re-entry)
What are the preliminary points that the landlord must check? (1) - Answer 1.The lease must
contain a forfeiture clause
2.L must not have waived their power to forfeit the lease (if they have waived then they can't
press on with the forfeiture procedure)
When will L have waived their ability to forfeit the lease? - Answer 1. Landlord has
knowledge of the breach
2.Landlord (or agent) the does some unequivocal (leaving no doubt) act that confirms existence
of the lease e.g. demanding/accepting rent
What are the two types of breach? + case - Answer 1.Continuing - something that reoccurs
each day
e.g. use of premises as a private residence only (legal securities v thoseby)
2.Onnce and for all breach e.g. non-payment of rent
Procedure that L must follow: Breach of covenant to pay rent (2) - Answer L must make a
formal demand for rent unless:
1.Unless lease exempts (lease says you don't have too)
OR
2.s.210 Common Law Procedure Act 1852 applies (CLPA)
, What are the two requirements under s.210 Common law procedure act 1852? - Answer 1.
The rent must be 6 month in arrears (should have been paid)
2. Insufficent goods available for distress (a common law remedy for landlords where if a tenant
is in arrears they can enter the property and take goods at the value of the arrears )
Procedure that L must follow: For all over covenants? - Answer Serve a s.146 notice
What must a s.146 notice do? +case - Answer 1. Specify the breach of covenant complained
of (Amici v LR Butlin)
2.Ask for the breach to be reminded if it is capable of being remedied
3.Ask for financial compensation if L requires it
How do we decided if the breach is capable of being remedied? (Cases) - Answer 1.Expert
clothing service and sales ltd v Hillgate house (Test)
-Can late compliance and compensation rectify the harm of damage done to the landlord:
-If it can then the courts will find that the particular breach is capable of remedy
2.Savva v Hussein
-The landlord can give consent or not.
-If they didn't they could revert the property into how it previously was (Remedy)
What is irremediable harm? - Answer Damage that is impossible to remedy
What was highlighted in Rugby School v Tannahill? - Answer -It was incapable of remedy due
to the stigma created on the property, court says that as it is not capable of remedy then the
landlord doesn't have to wait for it to be remedied
What was highlighted in Scala House v District property & co v Forbes? - Answer Assignment
or sub-letting without consent is incapable of being remedied because you cannot unmake an
estate
Tenant covt. to repair - Answer If there is a tenant covenant that requires them to repair the
property in breach, there is some additional protection for tenants
