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LPC Law Notes Property Law and Practice Notes

Forfeiture Leases Model Answer Notes

Updated Forfeiture Leases Model Answer Notes

Property Law and Practice Notes

Property Law and Practice

Approximately 490 pages

A collection of the best LPC PLP notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of PLP notes available in the UK this year. This collection of notes is fully updated for recent exams, a...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Property Law and Practice Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Clause 7 – Landlord can forfeit (enter Premises and end lease), and not breach any of his covenants in the process, in these circumstances:

  • Rent is outstanding for 20 working days days (Clause 7.1)

  • Tenant or Guarantor breach any of the covenants (Clause 7.2)

  • (Clause 7.3.1) Guarantor or Tenant has an Administration Order against him

  • (Clause 7.3.2) Court makes winding up order against Tenant or Guarantor

  • (Clause 7.3.3) A receiver on Admin receiver or manag. receiver is appointed against

  • (Clause 7.3.4) Is struck out of the Register of Co.s

  • (Clause 7.3.5) is unable to pay its debts under section 123 of Insolvency Act 1986

  • Etc…. LOOK AT YOUR LEASE

If Mini Mee breaches rent covenant – based on p330 flowchart

  • What is the rent?

    • Clause 1.1 (Definitions) – “Principal Rent” Clause 3 The “Rent” and “VAT”

    • Clause 4.4 - Any payment or consideration to LL is exclusive of VAT

  • Forfeiture clause covering non-payment of rent? – Yes. Clause 7

  • Formal demand necessary? – No. Clause 7.1 (“whether or not formally demanded”)

  • Mini Mee has failed to pay – Peaceful re-entry (Clause 7.5) – ends lease

  • If Mini Mee pays in arrears and asks Landlord for relief, Chloe has to apply to court to carry on with the same lease. If relief is granted by Landlord without an application to the court, a new lease is created (Zestcrest Ltd v County Hall Green Ventures Ltd). This could be a problem for Landlord as they will not have a chance to contract out of security of tenure. Although there is no clause in this contract which does that anyway

If Mini Mee breaches other covenant – based on p331 flowchart

  • Forfeiture clause covering breach of Chloe’s covenants? – Yes. Clause 7

  • Landlord needs to serve s146 LPA 1925 notice which:

    • Specifies breach;

    • ...

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