Q&As

The landlord serves a s 146 notice under the Law of Property Act 1925 on a residential long leasehold tenant on the basis of a breach of a lease, giving rise to the right to forfeit. The long leasehold tenant assigns their lease. The landlord forfeits the lease by peaceable re-entry, which they are not entitled to do in respect of residential premises. What is the best course of action—relief from forfeiture or injunctive relief for unlawful eviction?

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Published on LexisPSL on 13/01/2016

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

  • The landlord serves a s 146 notice under the Law of Property Act 1925 on a residential long leasehold tenant on the basis of a breach of a lease, giving rise to the right to forfeit. The long leasehold tenant assigns their lease. The landlord forfeits the lease by peaceable re-entry, which they are not entitled to do in respect of residential premises. What is the best course of action—relief from forfeiture or injunctive relief for unlawful eviction?

The landlord serves a s 146 notice under the Law of Property Act 1925 on a residential long leasehold tenant on the basis of a breach of a lease, giving rise to the right to forfeit. The long leasehold tenant assigns their lease. The landlord forfeits the lease by peaceable re-entry, which they are not entitled to do in respect of residential premises. What is the best course of action—relief from forfeiture or injunctive relief for unlawful eviction?

In regard to residential premises, the landlord serving a s 146 notice is conditional on a court or First-tier Tribunal (Property Chamber), or arbitral tribunal having determined that a breach has occurred and accordingly the tenant should ensure that the procedure was followed, otherwise there will be another

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