Peaceable re-entry and tenant`s right to relief
Language: English Series: Estates Gazette ; 9118 11 May 1991, 108-112(2)Publication details: 1991Subject(s): Summary: A Court of Appeal decision has stated again the law relating to commercial tenants` rights in the event of a landlord re-entering rented premises. Billson v Residential Apartments Ltd (1991) 18 EG 169 makes clear the tenant has no right to relief against forfeiture if the landlord has re-entered having served a valid notice of breach of covenant (other than non-payment of rent). Likewise any mortgagee involved has no right to relief either and will lose his security. The landlord on the other hand, is better off re-entering and forfeiting his lease rather than seeking a repossession order; he just has to ensure no one opposes him when re-entering, and avoid violence.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS44546 (Browse shelf(Opens below)) | 1 | Available | 47746-1001 |
A Court of Appeal decision has stated again the law relating to commercial tenants` rights in the event of a landlord re-entering rented premises. Billson v Residential Apartments Ltd (1991) 18 EG 169 makes clear the tenant has no right to relief against forfeiture if the landlord has re-entered having served a valid notice of breach of covenant (other than non-payment of rent). Likewise any mortgagee involved has no right to relief either and will lose his security. The landlord on the other hand, is better off re-entering and forfeiting his lease rather than seeking a repossession order; he just has to ensure no one opposes him when re-entering, and avoid violence.