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Question Title: Forfeiture
| Question: 216 |
| There is a clause contained within our tenancy agreements that implies that the landlord has a right to re-enter the property and take possession if the rent is in arrears for 14 days or more - is this the case - can I re-enter the property and say change the locks if my tenants are in arrears ? If this is not so - what is the point of having this clause and is it not misleading to landlords who may think that they can march in and take possession once the rent is fourteen days late?
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| This forfeiture clause is contained in all tenancy agreements and does not mean what it may at first imply. In fact, under the Protection of Eviction Act 1977 it is not lawful to exercise the right of re-entry without first going to court for permission. It is important, however, that this clause is kept in tenancy agreements as without it the landlord cannot determine the tenancy before the end of the fixed term for breach of a covenant before the expiry date unless the breach is also a breach of a condition of the lease. The difference between a covenant and a condition is vastly complicated and depends on the words used and the intention of the parties. Suffice to say that although this clause may appear to be unnecessary, removing it could prove costly.
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Jan 1998 page 25 |
letting-update-journal.html
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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