Q&As

A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of ground rent, which was due to the ground rent demands being sent to the property but not being passed to the tenant. Is there an argument that the ground rent demands were not validly served? What is the procedure for relief from forfeiture, and which party will be liable for costs of the proceedings generally?

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Published on LexisPSL on 21/09/2017

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

  • A tenant has a long residential lease which is sublet as an assured shorthold tenancy. The landlord forfeited the lease on the basis of non-payment of ground rent, which was due to the ground rent demands being sent to the property but not being passed to the tenant. Is there an argument that the ground rent demands were not validly served? What is the procedure for relief from forfeiture, and which party will be liable for costs of the proceedings generally?

Where a residential property is occupied, a landlord may only take steps to recover possession by issuing and serving forfeiture proceedings, rather than peaceably re-entering the property. Peaceably re-entering an occupied residential property would constitute a criminal offence pursuant to section 2 of the Protection from Eviction Act 1977. See Practice Note: Protection from eviction and protection from harassment.

A landlord cannot forfeit a long residential lease for non-payment of rent, unless they have first sent the tenant a notice requiring payment of the outstanding

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