Q&As

Does a landlord still have to comply with landlord covenants (for example repairing) in a mixed use lease after forfeiture proceedings have been commenced and an application for relief has been made, but the claim and application have not been determined?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 04/04/2018

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:

  • Does a landlord still have to comply with landlord covenants (for example repairing) in a mixed use lease after forfeiture proceedings have been commenced and an application for relief has been made, but the claim and application have not been determined?

Where a landlord brings proceedings for forfeiture of a lease, the lease will determine upon service of those proceedings. The rationale behind this rule is that the service of proceedings is considered to be an unequivocal act which shows the landlord’s intention to treat the lease conclusively as at an end. However, where possession proceedings are brought, the lease will only in fact terminate when the court makes a judgment for possession. This is in contrast with forfeiture by peaceable re-entry, in which case the lease will be forfeited upon obtaining of possession.

As such, in forfeiture proceedings, there will always be a period of uncertainty often referred to as the ‘twilight period’. In this scenario, the tenant has in fact made an

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