Q&As

A former leaseholder carried out renovation works contrary to the terms of the commercial lease and accordingly the landlord served them with a notice under the LPA 1925, s 146. The leasehold property was then sold—and the new leaseholder had no knowledge of any alleged breach—and following the sale the landlord forfeited by peaceable re-entry by changing the locks. Should the new leaseholder make an application for relief from forfeiture, and if not what are their other rights or remedies? Can the court make the new leaseholder rectify the previous leaseholder's breach of lease?

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Produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers
Published on LexisPSL on 21/12/2015

The following Property Q&A produced in partnership with Morayo Fagborun Bennett of Gatehouse Chambers provides comprehensive and up to date legal information covering:

  • A former leaseholder carried out renovation works contrary to the terms of the commercial lease and accordingly the landlord served them with a notice under the LPA 1925, s 146. The leasehold property was then sold—and the new leaseholder had no knowledge of any alleged breach—and following the sale the landlord forfeited by peaceable re-entry by changing the locks. Should the new leaseholder make an application for relief from forfeiture, and if not what are their other rights or remedies? Can the court make the new leaseholder rectify the previous leaseholder's breach of lease?
  • Rights when assignee’s lease forfeited because of a former leaseholder’s breach

A former leaseholder carried out renovation works contrary to the terms of the commercial lease and accordingly the landlord served them with a notice under the LPA 1925, s 146. The leasehold property was then sold—and the new leaseholder had no knowledge of any alleged breach—and following the sale the landlord forfeited by peaceable re-entry by changing the locks. Should the new leaseholder make an application for relief from forfeiture, and if not what are their other rights or remedies? Can the court make the new leaseholder rectify the previous leaseholder's breach of lease?

Rights when assignee’s lease forfeited because of a former leaseholder’s breach

The personal liability of an assignee for breaches which occur before the assignment of a lease is limited and a tenant is usually only liable where there is an express covenant in the lease covering such breaches. This is because, in the absence of an express provision, there is no covenant that the landlord can enforce against the assignee in respect of breaches which were completed before the assignment of the lease.

Forfeiture is however a proprietary, rather than a personal, remedy. It is available to a landlord against a tenant for breach of covenant. See Practice Note: .

Where a landlord can establish that the now former tenant carried out renovation works contrary to the terms of a commercial lease, he becomes

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