Breach of Covenant and Right to Re-entry

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Breach of Covenant and Right to Re-entry

    Dear Sirs,

    If a commercial lease holder is thought to be in breach of one of their covenants, ie suspected of sleeping there on occasion (though they are actually working through the night), can the superior lease holder simply exercise their right to re-entry (ie forfeit lease) as per the lease asserting the belief of use for sleeping, or do they need to give a warning first to make such a process legal? What are the steps involved please given permitted hours are 24/7.

    Thank you in advance for any advise.

    #2
    I don't know about forfeiting. However, can you get some proof?

    I had a similar thing in a large office I let to an estate agent. One day, walking past the rear windows, I noticed there were beds set up. Questioning my tenant, he said he was just storing furniture there. 'In that case', I said, 'I won't expect to see sheets on the beds.'
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      You need to serve a section 146 notice on the tenant before taking action. The basics are explained here: http://www.darlingtons.com/site/comm...es/forfeiture/

      Comment


        #4
        The property is on a 999 year lease (virtual freehold) so if the superior leaseholder gains right to re-entry, the sublease holder will loose all their purchased property. Surely it cannot be that easy ... would they simply not just say that they were not sleeping during those times?

        Comment


          #5
          It certainly is not. I did though answer the question asked. The chances of forfeiting a 999 year lease at a ground rent (if that is what is payable) are pretty remote. Even where a full rent is payable the law leans against forfeiture and the tenant or any sub-tenant can apply for relief against forfeiture. And, as you say, you actually need to prove the breach.

          Comment

          Latest Activity

          Collapse

          • Reply to Shop Change of Use
            by Another Fine Mess
            I found that when I was a tenant of Business Premises that with both of my leases (different Local Authorities) that they insisted that I pay them for their Legal Fees for the creation of the leases, And having also been a landlord of shops I would do the following if you dont mind my suggestion....
            26-05-2022, 08:36 AM
          • Shop Change of Use
            by gainsay
            Hi Folks,
            I have an empty shop . Someone privately has expressed an interest in in opening a dog grooming parlour for which (I believe) a change of use to sui generis would be required. At present it is A1.
            My question is who should pay for and then apply for planning permission? Should...
            25-05-2022, 11:12 AM
          • Reply to Shop Change of Use
            by Lawcruncher
            I am not surprised you are confused. They keep tinkering with the uses classes. It is difficult to keep up.
            26-05-2022, 08:25 AM
          • Reply to Shop Change of Use
            by gainsay
            Thank you for your response.
            Through internet searches i too have come to the conclusion that a pet grooming parlour would indeed fall under the new Class E.
            Indeed the Planning Inspectorate at an appeal hearing in 2014 stated that (at the time ) a dog grooming parlour was B1 which now...
            26-05-2022, 08:03 AM
          • Reply to Shop Change of Use
            by gainsay
            Thanks so much for your reply....
            26-05-2022, 07:55 AM
          • Reply to Shop Change of Use
            by Section20z
            In England class A was abolished in September 2020 and replaced by Class E.
            A dog grooming parlour would not require change of use
            25-05-2022, 15:47 PM
          • Reply to Shop Change of Use
            by Lawcruncher
            The usual way to deal with this is to enter into an agreement for lease completion of which is conditional on the required planning permission being obtained within an agreed period. The terms will be subject to negotiation, but generally it will be the tenant who (under an obligation to the landlord)...
            25-05-2022, 14:39 PM
          • Reply to lease by reference
            by barcobird
            Thank you, your advice is much appreciated.
            25-05-2022, 09:40 AM
          • lease by reference
            by barcobird
            I have been leasing a commercial property to a very good tenant, his lease has ended and i wish to renew it with a form renew a lease by reference which I believe is the simplest and cheapest way of doing it. Can this form be downloaded from the internet or is it a solicitor job?...
            24-05-2022, 18:14 PM
          • Reply to lease by reference
            by Lawcruncher
            Like a lot of legal drafting, a lease by reference is straightforward if the case is straightforward and you know what you are doing. There are points to watch and traps for the unwary.

            Ideally, on a "renewal" the opportunity should be taken to review the terms of the lease to...
            25-05-2022, 06:59 AM
          Working...
          X