Hello, my name is Tony and I can help you with this.
Firstly, can you tell me whether the lease itself has a forfeiture clause in it? This is a clause that entitled the landlord company to end the lease if it is breached?
Not that I am aware of. I'll double check and get back to you. Thank you.
I have found the following clause in the lease but would it really be enforceable and if so how? :
Proviso for determination of lease on non-payment of rent etc
6_ Provided always and it is hereby agreed and declared that if and whenever the service rent hereby reserved or any part thereof shall be in arrear and unpaid for twenty-one days after the same shall have become due (whether the same shall have been formally demanded or not) or if the tenant shall at any time fail or neglect to perform or observe any of the covenants or conditions herein contained and on the part of the tenant to be performed and observed then and in any such case and thenceforth the Company may by notice in writing served upon the tenant specify the non-payment of rent breach of covenant or non-performance of condition complained of and require the same to be paid or remedied within such time as may be specified in the notice being a time or either not less than twenty-one days in the case of non-payment of rent or not less than a reasonable time in the case of breach of covenant or non-performance of any condition and if the tenant shall omit to pay or remedy the same within the time so specified the term hereby created shall absolutely cease and determine and the Tenant shall be excluded from the exercise or enjoyment of the amenity rights hereby demised but without prejudice to any right of action or remedy of the Company in respect of any antecedent breach of any of the covenants on the part of the tenant herein contained.
This clause allow you to serve a notice requiring any breaches of the lease to be put right. You could include things like ceasing to operate a business, rectify any division in the property etc. etc.
The notice would give at least 21 days to put the breaches right.
If they failed, you would then apply to the court for a declaration that the breach had occured and confirmation that you're entitled to forfeit the lease. You have to apply to the court for residential properties like this.
Once that happens though, if the court agrees that there have been breaches that have not been rectified, then you're entitled to end the lease and the ownership of their property passes to the landlord company. They have to then leave.
This is a powerful weapon and this is why you have to go to court to confirm the breaches first.
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