Q&As

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 13/12/2018

The following Property Disputes Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?
  • Procedure for forfeiting a residential lease

Are there any differences in the procedure for forfeiting a residential lease when it is held by a limited company rather than an individual?

Procedure for forfeiting a residential lease

The law of forfeiture provides that a landlord can determine a lease by effecting re-entry to the premises. A landlord can effect re-entry either by physically re-entering the premises or by issuing and serving possession proceedings in the County Court or High Court.

However, in the case of premises which are let as a dwelling and which are still being occupied, a landlord cannot effect forfeiture by physical re-entry and instead must issue court proceedings. This is because of section 2 of the Protection From Eviction Act 1977 (PEA 1977), which provides:

‘Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them.’

PEA 1977, s 3 makes it unlawful for a landlord of premises which are let as a dwelling to enforce their right to possession of the premises other than by court proceedings:

‘(1) Where any premises have been let as a dwelling under a tenancy which is neither a statutorily protected tenancy nor an excluded tenancy and—

(a) the

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