The following Property Disputes practice note provides comprehensive and up to date legal information covering:
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:
proceedings for possession
forfeiture of business leases on the grounds of non-payment of rent
a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods
service of various notices to recover possession of residential properties
practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)
insolvency legislation of both a permanent and temporary nature
For further information and guidance, see: Coronavirus (COVID-19)—implications for property.
The process for claiming relief from forfeiture when the breach is rent arrears varies depending on the nature of the breach. For information in respect of claiming relief for any breach other than rent arrears, see Practice Note: Claiming relief from forfeiture for any breach other than rent arrears.
If a landlord intends to forfeit due to rent arrears, he does not need to serve a notice under section 146 of the Law of Property Act 1925 (LPA 1925) prior to forfeiture.
In these circumstances, a relief from forfeiture application is usually made by:
counterclaiming in the landlord’s action for forfeiture
separate claim brought by the tenant
If, instead, the tenant applies to set aside the order for possession pursuant to CPR 39.3, obtaining relief from forfeiture constitutes ‘success’
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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