The most important thing is that there must be clauses in the lease agreement that allow an owner to act after an infringement. There are significant consequences for free owners who are trying to take actions that are not covered by the lease. Whether you are a free landlord or a tenant who is dealing with a breach of contract in a tenancy agreement or the termination of the lease, we can help you in a proceeding. Alternatively, on your behalf, we may ask the regional court for a declaration of infringement and an injunction to prevent the offence from happening again. As with any contract, the lessor has corrective measures when a tenant violates the terms of his tenancy agreement. Corrective measures for the owner are mutual aid, also known as the “Jervis v Harris clause”. This special remedy is available if the tenant does not make repairs. The landlord can enter the property, make repairs and recover the tenant`s expenses. However, the owner must be careful not to go beyond the specific fault related to the injury, as this may be akin to an offence. Most leases include agreements that are contracts with tenants that can be tailored to the needs of landlords. For example, a tenancy agreement could include a contract preventing the tenant from using the property for commercial purposes, or perhaps an obligation for the tenant to maintain the property in an appropriate state of repair.
In the event of a breach of contract, owners can enforce these obligations through the British judicial system. The ability to track the application of leases differs between residential and commercial real estate, but it is also important that each lessor ensure that there is no implied waiver of leases for the duration of the lease period. Application of Lease Requirements The main coercive measures available to landlords include: – forfeiture – Specific benefit – Pass On forfeiture If landlords claim forfeiture for breach of leases, it must be confirmed whether these offences can be corrected or not. In most cases, the courts do not consider breaches of reparation or offences relating to the use or sharing of premises to be irremediable. However, when a tenant breaks a transfer or sublease contract or illegally uses the property, cases are always upheld in court. When remediation cases are brought before the courts, the lessor must notify the tenant of a section 146 notification, except in the event of non-payment of the rent due. For more information on Section 146 communications and their link to the Property Act 1925, see the British government website (insert link: www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/146). For commercial tenancy agreements for which Section 146 communications are issued, it is important to give tenants a reasonable period of time to remedy the breach of the tenancy agreement.