Gibbs v Lakeside Developments is a sorry tale about the forfeiture of a long lease of a studio flat
Landlord argued that the rules that applied to distress for rent do not apply to CRAR.
A landlord who wishes to forfeit a lease must first establish that it has a right to do so.
The Commonhold and Leasehold Reform Act 2002 restricts landlords’ rights to forfeit long leases of dwellings. As a result, demands for ground rent must be made in a “prescribed form”…
Landlord and tenant Forfeiture
Long lease – Forfeiture – Possession order – Respondent seeking to forfeit lease of flat for non-payment of ground rent – Appellant lessee not attending hearing – Forfeiture and possession…
Forfeiture
Business premises – Periodic tenancy – Forfeiture – Claimant company occupying premises under purported periodic tenancy – First defendant acquiring lease of premises on change of ownership – Whether claimant…
Landlord and tenant , Forfeiture
Landlord and tenant – Forfeiture – Section 1(3) of Leasehold Property (Repairs) Act 1938 – Claimant landlords bringing proceedings to forfeit defendant’s lease for arrears of rent – Defendant applying…
Landlord and tenant – Breach of covenant – Forfeiture – Respondent holding lease of premises comprising restaurant with flats above – One flat used as brothel by subtenant – Whether…
Leases of commercial premises – Non-payment of rent – Forfeiture – Waiver – Appellants remaining in occupation after end of contractual lease terms while negotiating for grant of new fixed-term…