RES exam question on Tenancy, Torts & Mortgage: landlord do BEFORE exercising the right of re-entry
A landlord wishes to forfeit a commercial lease because the tenant has breached a covenant not to sublet without consent (a non-rent covenant). Under s.18 of the Conveyancing and Law of Property Act (CLPA), what must the landlord do BEFORE exercising the right of re-entry?
- AObtain a court order declaring the lease forfeited before serving any notice or taking any other step against the tenant
- BRe-enter the premises immediately if the breach is material, since the s 18 notice procedure applies only to rent arrears
- CServe a notice specifying the breach, requiring it to be remedied (if remediable) and compensation paid, and allow reasonable time to comply
- DGive exactly 30 days' written notice to quit under s 18, and then forfeit without further formality or giving the tenant any chance to remedy the breach
Show answer & explanation
Answer
C. Serve a notice specifying the breach, requiring it to be remedied (if remediable) and compensation paid, and allow reasonable time to comply
Explanation
For non-rent covenant breaches, s.18 CLPA requires the landlord to first serve a statutory notice specifying: (a) the breach complained of, (b) if remediable, a requirement to remedy it, and (c) a requirement to pay reasonable compensation. The tenant must be given a reasonable time to comply. Only if the tenant fails to remedy the breach may the landlord then exercise the right of re-entry. Re-entering without a s.18 notice is wrongful.
Study the concept behind this question: Landlord & Tenant Law: Covenants, Quiet Enjoyment & Forfeiture
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