Q&As

A tenant is in breach of the alterations covenant, a signage covenant, the compliance with laws covenant and the covenant to comply with any notices served (the latter two due to a criminal planning offence and failure to provide the landlord with the local planning authority’s enforcement notice). Rent has been accepted in the knowledge of the breaches. Are they once and for all breaches for the purposes of forfeiture and if all the breaches are referred to in one section 146 notice, but some are once and for all—and so have been waived—does that invalidate the section 146 notice?

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Published on LexisPSL on 14/05/2018

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

  • A tenant is in breach of the alterations covenant, a signage covenant, the compliance with laws covenant and the covenant to comply with any notices served (the latter two due to a criminal planning offence and failure to provide the landlord with the local planning authority’s enforcement notice). Rent has been accepted in the knowledge of the breaches. Are they once and for all breaches for the purposes of forfeiture and if all the breaches are referred to in one section 146 notice, but some are once and for all—and so have been waived—does that invalidate the section 146 notice?

A breach of a covenant in a lease is either capable of remedy or not, depending on its nature. Some breaches are seen as continuing breaches and others are once and for all breaches.

Commentary suggests that a covenant that requires an act to be performed by a particular date or within a reasonable period of time or where the covenant prohibits one or more matters and the particular breach cannot fairly be described as an activity will be a once and for all breach. If a once and for all breach of covenant is waived, the landlord can never forfeit for that particular breach.

Conversely,

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