Live Webinar: Tenant breach of covenant: Landlord's remedies and enforcement

Solicitors, legal executives, in-house property teams, and paralegals advising either side of the landlord and tenant relationship

Intermediate – some previous knowledge or awareness required

By the end of this session, delegates will be able to:

• Identify and categorise the main types of tenant covenant (express and implied) and the most common breaches arising in practice, including non-payment of rent, disrepair, unauthorised alterations, unauthorised subletting, nuisance, and use clause breaches.
• Distinguish between once-and-for-all and continuing breaches, and between remediable and irremediable breaches, and explain why these distinctions matter when advising on forfeiture strategy.
• Explain the procedural requirements for forfeiture, including when a s.146 LPA 1925 notice is (and is not) required, what it must contain, and the consequences of serving a defective or premature notice
• Advise landlords on the law of waiver, identifying acts that constitute waiver, how to avoid accidental waiver when knowledge of a breach arises, and the latest case law on the point.
• Explain when and how to use Commercial Rent Arrears Recovery (CRAR), its scope (pure rent only), procedural requirements, and how it compares with the old remedy of distress.
• Advise on the range of additional remedies, injunctions (prohibitory and mandatory), specific performance, damages, and Jervis v Harris self-help clauses  and the courts' approach to each.
• Understand the key differences between residential and commercial lease enforcement, including the restrictions on peaceable re-entry under the Protection from Eviction Act 1977.
• Apply these principles to real-world scenarios through current case law, including Chug v Dhaliwal [2023], Faiz v Burnley BC [2021], and Pineport v Grangeglen.

1. A s.146 notice is required before any forfeiture for breach of covenant other than non-payment of rent. A notice that fails to specify the breach clearly, is served prematurely, or omits reference to the tenant's rights under the Leasehold Property (Repairs) Act 1938 (where applicable) may invalidate the entire forfeiture process. Include every alleged breach you can evidence, it strengthens both the notice and your negotiating position.

2. Waiver is easy to trigger and unforgiving in its consequences. A landlord who accepts rent, issues a demand, or takes any step recognising the continuance of the tenancy after acquiring knowledge of a breach can lose the right to forfeit for that breach entirely as confirmed by the Court of Appeal in Faiz v Burnley BC [2021]. Once a breach comes to light, act swiftly, ring-fence any rent received on a without-prejudice basis, and do not take any step that acknowledges the ongoing lease relationship.

3. CRAR replaced distress in April 2014 but is a significantly weaker remedy. It applies only to pure rent under a written commercial lease, service charge, insurance premiums, and other sums reserved as rent are excluded. The mandatory advance notice to the tenant removes the element of surprise the old remedy offered. For landlords with mixed arrears, CRAR will often not be the right tool, a debt claim or forfeiture may be the better route.

This live webinar contains a 45-minute presentation from Simone Ritchie, a 15-minute Q&A session where you can ask any questions you'd like directly to Simone. You can download your own copy of the presentation and resources to refer to during and after the live webinar.

You will be able to actively listen to the course and ask questions to the speaker.

The live webinar begins at 10am.

The £69 +VAT price includes:

• 45-minutes of topical content
• 15-minute interactive Q&A
• Comprehensive lecture notes
• Digital CPD certificate

Of course. To book multiple delegates, increase the amount of tickets you wish to buy and add them to your basket. Once your payment has been processed, you will then be asked to assign the tickets to the delegates attending. Each delegate will then receive an email with instructions on how to finalise their booking

For group booking discounts please get in touch with us on team@formediagroup.co.uk.

You can now pay by invoice directly through our website.

1. Add your event tickets to your basket.
2. Click “Checkout.”
3. Select Pay by Invoice.
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This live webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.