We have assumed for the purposes of this Q&A, that it is referring to ground rent which is payable under a long lease of a residential property. Please note that the provisions of the Housing Act 1988 (HA 1988) and the grounds for possession set out in HA 1988 will not apply to the recovery of possession of a residential property let on a long lease. In order to be able to forfeit a lease for a particular breach of covenant, a right of re-entry must be reserved in the lease in respect of the particular breach complained

Forfeiture is the right by a landlord to determine a lease earlier than its ‘natural’ termination, exercisable in the event of a default by the tenant (see Clays Lane Co-Operative Ltd v Patrick (1984) 49 P & CR 72 (not reported by LexisNexis®®). Forfeiture is most commonly associated with fixed term commercial leases, but can also apply to long residential leases (being those for a term of years certain for more than 21 years). There are greater statutory safeguards in place in respect of forfeiture of residential premises. For commercial premises, forfeiture for non-payment of rent following a demand (or, if the forfeiture clause disapplies the common law rule requiring

A tenant’s obligations A tenant has an implied obligation to use the rented premises in a tenant-like manner. In Warren v Keen, CA, Lord Justice Denning described this obligation as meaning that a tenant: ‘…must take proper care of the place…[and] must do the little jobs about the place which a reasonable tenant would do.’ Frequently, however, a tenant will have express obligations in their tenancy agreement relating to the way that they use the property and any obligations which they have to keep the property in a good state of repair. Such express obligations displace the implied obligation referred to above. A tenant also has an obligation in tort arising from the doctrine of waste. This means that a tenant must not do, or fail to do, something which causes a lasting alteration to the nature of the property,

In answering this Q&A, it is assumed that the roof is not demised to the tenant and that there is a written tenancy. The landlord and tenant’s respective responsibilities in relation to repair of the roof will depend on the terms of the lease. Repair It is normal in leases for there to be a duty on the landlord to repair the retained parts. In relation to commercial premises, the absence of an express covenant, a landlord gives no warranty that the premises are or will remain physically fit for the use contemplated and is not liable to do any repairs other than those imposed on him by common law or statute. Neither imposes any specific obligations as to fitness on a landlord of business premises towards his tenant purely because of the relationship of landlord and tenant. There

Where a landlord and tenant cannot reach agreement as to the terms of a renewal lease, either party can apply to the court for a determination of the terms under section 24(1) of the Landlord and Tenant Act 1954 (LTA 1954). As set out in Practice Note: LTA 1954—terms of the renewal lease under the heading Guarantors, the court has the power to order that a renewal lease includes the provision of

The answer appears to depend on whether the landlord has simply failed to serve the gas safety certificate on the tenant before the start of the initial AST or whether the landlord failed to obtain a gas safety certificate at all. Trecarrell House Ltd v Rouncefield held that a section 21 notice will be valid where the breach of a prescribed requirement in failing to provide a copy of the gas safety certificate at the start of the AST had been remedied prior to the issuing

By section 19A of the Housing Act 1988 (HA 1988), a tenancy of a dwelling house let as a separate dwelling to an individual tenant or tenants as the only or principal home of at least one of them and which is not excluded, is an assured shorthold tenancy (AST). An AST cannot be brought to an end by the landlord save by obtaining an order for possession pursuant to either the HA 1988, ss 8 or 21 procedure, and the execution of the order. By HA 1988, s 5(2), if an AST comes to an end otherwise than by virtue of a court order or a surrender (or notice under section 33D of the Immigration

The landlord's right to forfeit for rent arrears typically arises from a forfeiture clause in the lease. For commercial leases, there is no requirement to serve a notice under section 146 of the Law of Property Act 1925 for non-payment of rent, as this obligation applies only to breaches other than rent arrears. Forfeiture can be effected either by peaceable re-entry or by court proceedings,

Landlord claiming against themselves as partner in tenant partnership We are not aware of there being any principle preventing a landlord (in their capacity as landlord) from suing themselves in their capacity as a partner in a tenant partnership; if a landlord is able to become a tenant under a lease (by virtue of being partner in a tenant partnership) with all of the rights and obligations that entails, there is no reason why a landlord should not be able to sue themselves as a partner in the tenant partnership. This assumption is supported by the fact that where the same person holds the term and reversion in different capacities, there will not be a merger at law or equity. Status

This Q&A assumes that the property is in England and the landlord is a private landlord, not a social housing provider. In normal times, the simplest way to seek possession of an assured shorthold tenancy, the fixed term of which has expired (or is about to do so), is by serving a section 21 notice (section 21 of the Housing Act 1988 (HA 1988)) and the use of accelerated possession proceedings. However, under the Coronavirus Act 2020 and related regulations, from 29 August 2020, the notice required to be given in a section 21 notice is six months, so some alternative mechanisms may be more attractive (see Practice Note: Coronavirus (COVID-19)—implications for property [Archived], in particular section ‘Residential tenancies—extended notice periods’). HA 1988, Sch 2, Pt I contains the grounds

The Landlord and Tenant (Covenants) Act 1995 (LTCA 1995) does not apply to “old tenancies” ie those entered into before 1 January 1996. Accordingly, if the sale contract is silent in respect of the issue, the right to sue the tenant for pre-completion rent arrears (for “old tenancies”) automatically passes to the buyer with the transfer of the reversion (see the Law of Property Act 1925, s 141 and Claims to the Possession of Land, paragraph B4.2 and Hill and Redman, Division A, Chapter 4, paragraph 1087). However, it is a chose in action which can be expressly reassigned to the seller. In this regard

A pay as you go meter, also known as a prepayment meter, requires an occupant of premises where it is installed, to purchase in advance credit using a key or a smartcard, which is then applied towards the electricity bill. It is a way of ensuring that the user does not fall into arrears in respect of their electricity bill, but usually also costs more than being on a standard tariff. While there are various statutory requirements that impact upon Assured Shorthold Tenancies (ASTs), fundamentally the relationship between landlord and tenant is contractual. This means that, unless there is a