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SGS 8 - contents of a lease: repair, insurance and landlord's remedies

Terms in this set (48)

1) Forfeiture - check the clause in the lease to see if a forfeiture clause applies. If it does a s146 LPA 1925 notice will need to be served on the tenant

Under s1 Leasehold Property (repairs) Act 1938, if the lease was originally granted for 7 years or more and there is at least 3 years left to run, then a particular type of s146 notice is served. This is where the tenant has the right to serve a counter notice on the landlord within 28 day. This requires the landlord to get leave of the court before moving forward with the forfeiture.

S51 of LTA 1954 extended the above application to all leases (where as previously this only applies to long leases of small houses.
2) Action for damages - s18 Landlord and Tenant act 1927

Damages should not exceed the amount of any reduction in value of the landlord's freehold interest. Damages are not available for the breach of repair where premises are going to be pulled down or structural alterations to be carried out.

1) Actions for damages - leasehold Property (repaires Act 1938)

2) Self help - Under Jervis and Harris, the landlord can, if they reserved the right to enter the premises, enter the premises for the purposes of making good the damage and they can recover this money from the tenant so long as it is described to the tenant as a debt. (not subject to the dame restrictions as s18 LTA 1927)

3) Specific performance - Rainbow Estates Ltd v Tokenhold Ltd (1988). This allows the landlord to apply to require the tenant to comply. This is discretionary and generally exceptional.

4) Security - the rent deposit withdrawal or pursue a guarantor under the terms of a guarantee (if given)