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Landlord and tenant lecture 3-Remedies
Breach of condition

Conditions: “Root of the contract”
what can be Innominate the terms?
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Damages
Contract – Damage
General breach of covenant a claim for damages, to put the “wounded” party
as if they were in the position before the breach occurred
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Injunctions 禁令
-prohibitory (Interim ’’temperately ‘’ or Final) 禁止性
-Mandatory 強制性/Specific Performance (Interim or Final)
Contract – Forfeiture 沒收
• Landlord Only Remedy
• Either via
• a provision in the lease and linked to the clause subject to the
breach
• A condition
• Essentially to forfeit the lease is to brig the lease to an end
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Protection from Eviction Act 1977- residential tenancies & mixed
commercial/residential Patel v Pirabakaram [2006]

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Section 146 Notice (S146 Law of Property Act 1925)
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) First LL needs to know of the breach
Can include LL’s agent/employee
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易腐貨
Commercial Rent Arrears Recovery – CRAR
• Still right for LL to enter, seize certain goods, sell them and use proceeds
to pay lease debts
• BUT now subject to certain rules:
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Debt must be owed as Rent
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Notice of Intention to exercise CRAR
No notice needed in past
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Crts can order shorter
period if concern that Ten will move goods away
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Minimum amount of rent owing
Equals 7 days rent (excluding VAT and interest)
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00am to 9
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• Access via a door/usual means to access
• If Ten breaches Controlled Goods Agreement ten must be given 2
clear days notice before re-entry
• Period of seizure = 7 days
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If Ten breach – i
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obstruct an enforcement agent then criminal offence max =
51 weeks imprisonment/fine
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New Procedure re Sub-Tenants
So if tenant in arrears LL can serve notice on sub-tenant and have rent redirected
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• Remedies
• Damages
• Equitable relief



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