Termination of Tenancy (Leases)
1)Natural Expiry of Lease
-This occurs where a fixed term lease runs out and requires no further explanation.
2)Giving of Notice
*-A lease may be terminated:
1) By the landlord or the tenant giving notice to terminate a periodic tenancy.
2) By the tenant invoking a ‘break clause’ in a fixed term lease.
--A ‘break clause’ is in effect an option to terminate the lease early.
3)Forfeiture of Leases (Landlord)
-Covenants = Obligations in leases. (i.e. T covenants to pay rent or T promises to do repairs).
*-Where the tenants obligations are phrased as covenants, the landlord has the right to forfeit
for breach by the tenant of one of the tenant’s obligations only if the lease contains an express
forfeiture clause (i.e. ‘right of entry’).
--If equitable lease then the forfeiture clause is implied as an equitable right of entry.
*-The forfeiture clause must extend to the breach that occurred. That is, the breach must be
within the scope of the forfeiture clause.
-Forfeiture of Lease: Where the landlord cancels a lease because the tenant has broken a
provision in that lease. Forfeiture specifically provides for the landlord’s right to re-enter the
property and cancel the lease.
*--The breach does NOT automatically end the lease, rather, the lease is voidable and
consequently this gives the landlord the option to choose whether to terminate the lease or to
waive forfeiture.
-If an obligation is phrased as a condition (i.e. ‘I grant you this lease provided that the
premises are kept in good repair’) instead of a covenant then there is no need for an express
forfeiture clause because lease is conditional on the fulfilment of the obligation by the tenant.
Relief from Forfeiture (Tenant)
*-A landlord must proceed to court to obtain an order for possession (or peaceably re-enter).
--A tenant is entitled to apply for relief from forfeiture.
--Where a tenant claims relief from forfeiture he will normally do so by counterclaiming for
relief in the landlord’s proceedings to terminate the lease.
a)Relief from Forfeiture for Non-Payment of Rent
-Leases contain a clause enabling the landlord to forfeit for non-payment of rent ‘whether
formally demanded or not’.
--The tenant will be able to claim relief from forfeiture once the landlord has started
forfeiture proceedings.
*-s.38 Senior Courts Act 1981: Three conditions must be fulfilled for relief to be granted:
1) The tenant must pay all the arrears of rent.
2) The tenant must pay all the landlord’s costs.
3) It must appear just and equitable to grant relief.
1)Natural Expiry of Lease
-This occurs where a fixed term lease runs out and requires no further explanation.
2)Giving of Notice
*-A lease may be terminated:
1) By the landlord or the tenant giving notice to terminate a periodic tenancy.
2) By the tenant invoking a ‘break clause’ in a fixed term lease.
--A ‘break clause’ is in effect an option to terminate the lease early.
3)Forfeiture of Leases (Landlord)
-Covenants = Obligations in leases. (i.e. T covenants to pay rent or T promises to do repairs).
*-Where the tenants obligations are phrased as covenants, the landlord has the right to forfeit
for breach by the tenant of one of the tenant’s obligations only if the lease contains an express
forfeiture clause (i.e. ‘right of entry’).
--If equitable lease then the forfeiture clause is implied as an equitable right of entry.
*-The forfeiture clause must extend to the breach that occurred. That is, the breach must be
within the scope of the forfeiture clause.
-Forfeiture of Lease: Where the landlord cancels a lease because the tenant has broken a
provision in that lease. Forfeiture specifically provides for the landlord’s right to re-enter the
property and cancel the lease.
*--The breach does NOT automatically end the lease, rather, the lease is voidable and
consequently this gives the landlord the option to choose whether to terminate the lease or to
waive forfeiture.
-If an obligation is phrased as a condition (i.e. ‘I grant you this lease provided that the
premises are kept in good repair’) instead of a covenant then there is no need for an express
forfeiture clause because lease is conditional on the fulfilment of the obligation by the tenant.
Relief from Forfeiture (Tenant)
*-A landlord must proceed to court to obtain an order for possession (or peaceably re-enter).
--A tenant is entitled to apply for relief from forfeiture.
--Where a tenant claims relief from forfeiture he will normally do so by counterclaiming for
relief in the landlord’s proceedings to terminate the lease.
a)Relief from Forfeiture for Non-Payment of Rent
-Leases contain a clause enabling the landlord to forfeit for non-payment of rent ‘whether
formally demanded or not’.
--The tenant will be able to claim relief from forfeiture once the landlord has started
forfeiture proceedings.
*-s.38 Senior Courts Act 1981: Three conditions must be fulfilled for relief to be granted:
1) The tenant must pay all the arrears of rent.
2) The tenant must pay all the landlord’s costs.
3) It must appear just and equitable to grant relief.
