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Jul, 2014

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Thread: Re-Entry

  1. #1

    Default Re-Entry

    I own the freehold of a building comprising 2 self-contained 99 year £20 per year ground rent flats. Recently I obtained a court judgment for unpaid ground rent and insurance premium (collectable as ground rent) and maintenance against the other flat owner.

    Unfortunately the lease of this other flat owner seems very badly drawn as it does not expressly include rights of re-entry and of forfeiture in the event of breach. My question is whether or not, at law, such a right is implied? If it is, I think I can obtain my money by threatening / issuing forfeiture proceedings more quickly than any other form of enforcemnent. If it is not implied by law then my only recourse now is to look at a charging order.

    Does anyone know?

  2. #2
    Join Date
    Sep 2006
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    Sheffield
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    Default

    Quote Originally Posted by Scotty3 View Post
    I own the freehold of a building comprising 2 self-contained 99 year £20 per year ground rent flats. Recently I obtained a court judgment for unpaid ground rent and insurance premium (collectable as ground rent) and maintenance against the other flat owner.

    Unfortunately the lease of this other flat owner seems very badly drawn as it does not expressly include rights of re-entry and of forfeiture in the event of breach. My question is whether or not, at law, such a right is implied? If it is, I think I can obtain my money by threatening / issuing forfeiture proceedings more quickly than any other form of enforcemnent. If it is not implied by law then my only recourse now is to look at a charging order.

    Does anyone know?
    WARNING: I am not an expert on this.

    Subject to that, L has an implied right to forfeit only if:
    i. T denies L's title (because T could hardly then claim title deriving from L); or
    ii. T breaches a condition of lease. "Condition" means more than just a covenant. In a 1992 County Court case [Hussein v. Mehlman] - not a major precedent, but better than nothing - it was held that nonpayment of rent for a long time could allow L to treat T as repudiating lease. The situation would have to be fairly extreme for this device to work.

    L can peaceably re-enter residential property only if has reasonable cause to believe that no-one resides: otherwise L is comitting criminal offence under Protection from Eviction Act 1977.
    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.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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