Failure to forfeit: getting the notice wrong — the importance of being serviced
Where a notice is served pursuant to section 146 of the Law of Property Act 1925 as a precursor to forfeiture, it must specify the exact breaches of covenant that are relied on and set out the landlord’s requirements for the tenant to remedy those breaches. If the facts mean that the exact breach is unclear or ambiguous, it is particularly important to be specific, as a tenant must be able to understand the notice and its effect.
In Anders v Haralambous and another [2-13] EWHC 2676 (QB), lack of clarity in a landlord’s notice led to it being held to be invalid by the High Court and meant that the landlord was unable to forfeit the lease for the tenant’s breaches.
This case concerned a valuable property in Fulham, south-west London. The property was let to Miss Anders (the tenant) by Mr & Mrs Haralambous (the landlord) on a long residential lease that contained the following tenant covenants: ‘not to use the premises or permit the same to be used for any purpose whatsoever other than as a self-contained private dwelling for residential purposes only’; and ‘not to assign, underlet or part with or share possession or occupation of part only of the premises’…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
For the tax year from 6 April 2014, the standard lifetime allowance has reduced from £1.5m to £1.25m.
One of the areas highlighted last year by the Regulator was the regulation of workplace DC pension schemes.
Analysis from The Lawyer
As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014.
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world