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Landlord and Tenant (General)

 

This section contains material on a number of different landlord and tenant matters. The topics covered can be seen in the contents box on the left. There are also separate specialist landlord and tenant sections in the Update Library on:

Forfeiture

The High Court has determined that reference to ss122 & 123 of the Insolvency Act 1986 in a forfeiture clause requires a court determination that the tenant company is insolvent before the landlord is able to exercise its right of re-entry. As no determination had been made, the landlord’s attempt to forfeit was unlawful. 
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Residential Leasehold

Given the recent guidance and wording for contractual provisions to deal with leasehold management issues during the registration gap provided by the City of London Law Society this case highlights the problem which the wording can alleviate. 

An equitable owner cannot be classified as the “landlord” during the gap between legal completion and the registration of the equitable owner as registered proprietor for the purposes of sections 79(6)(a) and 88 of the Commonhold and Leasehold Reform Act 2002 as the legal interest in the property is still vested in seller pending completion of the registration.

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