In landlord-tenant law, default refers to the failure of a tenant to timely pay rent due. In anticipation of such an occurence, landlords commonly require a new tenant to pay a security deposit, which may be used to remedy defaults in payment of rent and other monetary obligations under the rental agreement. In general, the landlord is required to give the tenant notice of the default before bringing eviction proceedings or applying security deposit proceeds to the payment in default. The fixing of a definite default date for payment of rent can be critical if it becomes necessary to evict a tenant for a default in the payment of rent. Landlords often require a background and/or reference check on prospective tenants in an attempt to minimize defaults in rent payments.
Notice Default Lease For Forfeit
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FAQ
§6.16 F. Notice May Declare Election of ForfeitureA landlord may request forfeiture of the lease only when the tenant has failed to perform conditions or covenants, or when the tenant has failed to pay rent.
For any other breach of covenant, a landlord must serve an s146 notice pursuant to the Law and Property Act 1925. The act of commencing and serving possession proceedings on the lessee is sufficient evidence of the unequivocal election by the landlord to forfeit the lease.
Can a tenant forfeit a lease? Forfeiture is a term which relates specifically to a landlord's right to recover possession of the property. The tenant may, however, have certain rights to terminate a lease (for example, break clauses, termination on insolvency or under statute).
HOW IS A LEASE FORFEITED? There are two ways for a landlord to forfeit a lease. Physically taking back possession of the premises (often described as 'peaceable re-entry') and issuing and serving proceedings. Peaceable re-entry is often favoured by landlords, but it ought to be viewed with caution.
Forfeiture is effectively the granting back to the landlord of the right to re-enter and take back possession of the property. For forfeiture to take place, the landlord has to issue the notice in order to conform with the requirements of the Law of Property Act 1925.
