Q&As

Are alterations to a property (including repositioning a staircase, installing a new staircase and creating a roof terrace on the roof of a flat) classed as 'once and for all' breaches? If so, will a landlord have waived their right to forfeit if they have been aware of the alterations for a number of years and have continued to demand payment for rent? Is there any case law to support this?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 08/02/2019

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:

  • Are alterations to a property (including repositioning a staircase, installing a new staircase and creating a roof terrace on the roof of a flat) classed as 'once and for all' breaches? If so, will a landlord have waived their right to forfeit if they have been aware of the alterations for a number of years and have continued to demand payment for rent? Is there any case law to support this?

The right to forfeit provides the landlord with an option to determine the lease. The right must either be provided for expressly in the lease or must relate to a breach of an express or implied term which is so fundamental that it provides the landlord with the right to forfeit in any event.

Once the right to forfeit has arisen, a landlord must make the decision to either forfeit the lease or waive the breach. Waiver is doing or committing any act which, either expressly or impliedly, recognises the continuing existence of the lease. The question of whether or not the landlord intended to waive the breach is irrelevant, and a common example of a landlord waiving the right to forfe

Related documents:

Popular documents