Q&As

A 1954 Act protected lease is due to expire in 7 months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant and how should the landlord protect its position?

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Produced in partnership with Kate Andrews of Hamlins LLP
Published on LexisPSL on 05/06/2017

The following Property Q&A Produced in partnership with Kate Andrews of Hamlins LLP provides comprehensive and up to date legal information covering:

  • A 1954 Act protected lease is due to expire in 7 months’ time. The tenant has sublet without the landlord’s consent and the subtenant has carried out works to the premises, also without consent, which the landlord requires to be reinstated. The landlord does not want either the tenant or subtenant to be able to claim a new lease. Should the landlord serve section 25 notices on both the tenant and subtenant and how should the landlord protect its position?
  • Forfeiture
  • Notice pursuant to the Landlord and Tenant Act 1954
  • Injunction

There are various ways for a landlord to end a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954). These are set out below.

Forfeiture

The usual way to end a tenancy protected by LTA 1954 is via the mechanisms provided in LTA 1954 which involve serving notices (see below). Other possibilities exist however. The LTA 1954 specifically permits ending a tenancy by other common law methods such as forfeiture.

In this Q&A, the tenant has sublet without landlord consent and that the unlawful subtenant has carried out works to the premises, also without consent. We assume from this that consent was a requirement of the lease for both sub-letting and alterations. If so, and (a) the lease reserves to the landlord the right to forfeit for breach of lease covenant, (b) the right to forfeit has not been waived and (c) the breaches have not been remedied (insofar as they are capable of remedy), forfeiture may be a possibility. To forfeit for breach of covenant, the landlord must serve notice pursuant to section 146 of the Law of Property Act 1925 specifying the breaches of covenant and specifying a reasonable amount of time for the tenant to remedy the breaches.

Depending on the full facts of the case, forfeiture may be desirable if it is not possible to rely on any of the

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