Q&As

A house is let by a freeholder landlord (L) to a company tenant (T) under a common law tenancy. T runs a business as a landlord subletting to residents. The common law tenancy contains an express right of re-entry. T may sublet under assured shorthold tenancies. T is in breach of various obligations and the right of re-entry arises. L cannot forfeit by peaceable re-entry in view of occupiers. Can L forfeit using Form N5 and particulars of claim or is he obliged to use the N119 particulars? L cannot rely on sections 8 and 21 of the Housing Act 1988 or even comply with it since he has no details of the occupying subtenants.

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 04/04/2018

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A house is let by a freeholder landlord (L) to a company tenant (T) under a common law tenancy. T runs a business as a landlord subletting to residents. The common law tenancy contains an express right of re-entry. T may sublet under assured shorthold tenancies. T is in breach of various obligations and the right of re-entry arises. L cannot forfeit by peaceable re-entry in view of occupiers. Can L forfeit using Form N5 and particulars of claim or is he obliged to use the N119 particulars? L cannot rely on sections 8 and 21 of the Housing Act 1988 or even comply with it since he has no details of the occupying subtenants.

In this Q&A, a landlord has entered into a common law tenancy which allowed the tenant to sublet the property. The property has been duly sublet, but the landlord is not aware of the identities of the individual subtenants. The landlord now wishes to forfeit the tenancy and the Q&A states that they are entitled to do so, as a right to re-entry has arisen due to breaches of the head tenant’s obligations.

Forfeiture brings an end to both the tenancy and any other interests derived from that tenancy. This will include subtenancies either lawfully or unlawfully granted. Essentially, the ‘branch falls with the tree’, and once the head lease has been lawfully determined by service of a valid notice to quit, the landlord will be entitled to possession of the property.

Where a landlord brings proceedings for forfeiture of the lease, the serv

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