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Aug, 2014

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  1. #1

    Default What is a Forfeiture Clause & Are They Legal?

    Hi

    I am a landlord and I noticed this in the agreement, is it legal as I thought the landlord could not enter the property?

    FORFEITURE - RIGHT OF RE-ENTRY

    What exactly does it mean?

  2. #2
    Join Date
    Feb 2005
    Location
    Hampshire
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    6,055

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    A forfeiture clause is necessary in order for the landlord to exercise his rights concerning an application to the court for repossession based on arrears of rent or other grounds under the HA 1988. Athough he can't enter the property even though the clause will say he can, failure to include the clause is likely to prejudice the landlord's right to repossess on such grounds.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

  3. #3
    Join Date
    Apr 2008
    Posts
    280

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    Taken from http://www.letlink.co.uk/GeneralInfo...tes%202006.pdf

    9. Forfeiture. The Housing Act 1988 requires a forfeiture clause if the landlord is to be able to rely on the various grounds for possession listed in Schedule 2of the Act. The forfeiture clause is an express provision in the agreement that allows the landlord to re-enter the property let (i.e. to forfeit the lease) on the breach of any of the obligations. Contrary to common interpretation by many lay landlords, this clause does not allow the landlord to get back his property (even on default) without first carrying out the correct possession
    procedures through the courts. Any landlord or person related to the landlord who attempts to evict or harass a tenant in this way may be liable to conviction

    If there isn't such a clause does this mean the Landlord can't use HA 1988 schedule 2 grounds at all? I've never really understood such clauses so looking forward to some answers
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

  4. #4

    Default

    OK thanks - amazing though I had purchased a "tenancy agreement" pack due to the new deposit scheme - however compared it to my 'old' tenancy and noticed there was no forfeiture clause.

    It's the last time I ever rely on an agreement that is written in the 'plain English campaign' and just wasted my money - I might as well just use my old agreement that I have in word and copy and paste the aspect of deposits into that

  5. #5
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

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    Quote Originally Posted by CheekyMonkey View Post
    OK thanks - amazing though I had purchased a "tenancy agreement" pack due to the new deposit scheme - however compared it to my 'old' tenancy and noticed there was no forfeiture clause.

    It's the last time I ever rely on an agreement that is written in the 'plain English campaign' and just wasted my money - I might as well just use my old agreement that I have in word and copy and paste the aspect of deposits into that
    Sloppy plain English :0
    Correct legal English:1
    (after extra time)

  6. #6

    Default

    (6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—
    (a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
    (b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

    Housing Act 1988. Been doing my homework

  7. #7
    Join Date
    Feb 2006
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    Quote Originally Posted by jeffrey View Post
    Sloppy plain English :0
    Correct legal English:1
    (after extra time)
    I'm not sure if this means you do not like the plain english AST's such as RLA's Jeffrey?

    I know that you would not tolerate sloppy, ever.

    How about King James vs Modern Revised?
    All posts in good faith, but do not rely on them

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  8. #8
    Join Date
    Sep 2006
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    Sheffield
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    Quote Originally Posted by Bel View Post
    I'm not sure if this means you do not like the plain english AST's such as RLA's Jeffrey?

    I know that you would not tolerate sloppy, ever.
    True. Accuracy is paramount. Inaccurate faux-legal is as bad as inaccurate over-simplified.

    Quote Originally Posted by Bel View Post
    How about King James vs Modern Revised?
    Neither. Any translation loses much- or sometimes all- of the original's meaning. I like the flow and rhythm of the old English, but it's still not the Original Author's language or style! The most accurate modern translation is by the American Jewish Publication Society (1917).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
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