Q&As

A landlord wants to effect forfeiture of a lease of a car parking space for non-payment of service charge (the annual rent is a peppercorn). The parking space services a residential apartment but is let on a separate lease. Does the parking space constitute a dwelling or part of a dwelling, and how should re-entry be effected (eg determination of breach/possession proceedings or peaceable re-entry following service of a section 146 notice)?

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Published on LexisPSL on 26/06/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord wants to effect forfeiture of a lease of a car parking space for non-payment of service charge (the annual rent is a peppercorn). The parking space services a residential apartment but is let on a separate lease. Does the parking space constitute a dwelling or part of a dwelling, and how should re-entry be effected (eg determination of breach/possession proceedings or peaceable re-entry following service of a section 146 notice)?

A landlord wants to effect forfeiture of a lease of a car parking space for non-payment of service charge (the annual rent is a peppercorn). The parking space services a residential apartment but is let on a separate lease. Does the parking space constitute a dwelling or part of a dwelling, and how should re-entry be effected (eg determination of breach/possession proceedings or peaceable re-entry following service of a section 146 notice)?

Statute limits a landlord’s right to forfeit (this includes service of a section 146 notice) a long residential lease of a dwelling for non-payment of:

  1. rent

  2. service charge, or

  3. administrative charge

See Practice Note: Statutory limitations on the landlord’s right to forfeit a long residential lease.

For these purposes, 'dwelling' has the same meaning as in the Landlord and Tenant Act 1985:

'a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it.'

See Commentary: Restriction on termination of residential tenancy for failure to pay service charge: Halsbury's Laws of England [501] and Provision made under the Landlord and Tenant Act 1985 for disclosure of landlord’s

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