Annual Conference – Unexpected Statutes and their consequences in residential Landlord & Tenant

 

The problem

Mrs Fry has a shared ownership lease in Oxford granted by Laurie Housing Association, for a term of 99 years at a rent of £4,063 pa paid quarterly and a 50% share.

Her rent arrears are £2,000 and she has owed them for 6 months. The possession hearing is 2 days away and she has no way of raising the money.

The usual position

  • A long lease of residential property is brought to an end by forfeiture proceedings brought in accordance with the statutory restrictions under s81 of the Housing Act 1996 (service charges) and s166, 167 (ground rent) and 168 (breaches of covenant) of the Commonhold and Leasehold Reform Act 2002.
  • The lessee can obtain relief from forfeiture under s138 of the County Courts Act 1984 (rent) and s146 of the Law of Property Act 1925 (other breaches).

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