Hi
I'd be interested in opinions - particularly those of the experts on these boards - on this excerpt from my sister's tenancy agreement:
Basically it seems to be saying the landlord can re-enter the property and forfeit the tenancy in any of the circumstances named above, whereas I would have thought a posession order would be required, and even then only after the appropriate notices had been correctly served etc.
What do you think?
Jeremy
I'd be interested in opinions - particularly those of the experts on these boards - on this excerpt from my sister's tenancy agreement:
4. PROVIDED ALWAYS and it is hereby agreed that if at any time:
4.1 Any part of the rent shall be in arrears for fifteen days (whether formally demanded or not) or
4.2 There shall be any breach non performance or non observance of the Tenant's agreements herein contained or
4.3 The Tenant (being an individual) shall become bankrupt or the subject of an administration order or (being a Company) shall enter into liquidation whether compulsory or voluntary or shall have a Receiver appointed or
4.4 The property shall be abandoned
the Landlord may re-enter the property and forfeit the tenancy, which shall thereupon cease and determine but without prejudice to any right of action of the Landlord against the Tenant, which may already have arrived.
4.1 Any part of the rent shall be in arrears for fifteen days (whether formally demanded or not) or
4.2 There shall be any breach non performance or non observance of the Tenant's agreements herein contained or
4.3 The Tenant (being an individual) shall become bankrupt or the subject of an administration order or (being a Company) shall enter into liquidation whether compulsory or voluntary or shall have a Receiver appointed or
4.4 The property shall be abandoned
the Landlord may re-enter the property and forfeit the tenancy, which shall thereupon cease and determine but without prejudice to any right of action of the Landlord against the Tenant, which may already have arrived.
Basically it seems to be saying the landlord can re-enter the property and forfeit the tenancy in any of the circumstances named above, whereas I would have thought a posession order would be required, and even then only after the appropriate notices had been correctly served etc.
What do you think?
Jeremy
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