What does this mean?

[JeffW]

In my tenancy agreement (a 6 month shorthold tenancy), it states that:

Provided that if the rent or any instalment or part thereof shall be in arrear for at least 14 days after the same shall have become due (whether legally demanded or not) or if there shall be a breach of any of the agreements by the Tenant, the Landlord may re-enter on the Property (subject always to any statutory restrictions on his power to do so) and immediately thereupon the tenancy shall absolutely determine without prejudice the other rights and remedies of the Landlord.

I've read the above over 5 times, and I'm still no clearer what it means! Can someone translate it into plain English please?

Thanks

Jeff

[MrShed]

I think it basically means that the landlord can reclaim the property if you break the tenancy agreement or are in arrears. However, this is an unfair term as it overrules your statutory rights. Never mind the "plain english" OFT rules!!

[JeffW]

Thanks.

Would I be right in thinking that unless my landlord gets a court to agree to my eviction, whilst I am still in the period of my tenancy agreement it would be illegal for him to remove me or my belongings from the property?

Jeff

Originally Posted by MrShed

I think it basically means that the landlord can reclaim the property if you break the tenancy agreement or are in arrears. However, this is an unfair term as it overrules your statutory rights. Never mind the "plain english" OFT rules!!

[MrShed]

Absolutely correct. Even when you are out of the period of your tenancy agreement in fact.

[JeffW]

Thanks.

So what extra rights, if any, does the gobbledegook I quoted earlier give my landlord?

I'm beginning to wonder whether that clause was inserted merely to confuse and intimidate, and it seems to be a bit self-contractory, saying in effect: 'The tenant gives the landlord the right to repossess his property in the event of arrears, although he does not give up his statutory right not to have the property repossessed'!

Jeff

Originally Posted by MrShed

Absolutely correct. Even when you are out of the period of your tenancy agreement in fact.

[Aequitas]

What you have is a "forfeiture" or "re-entry" clause. It is a perfectly standard clause found in virtually every written lease or tenancy agreement of whatever type of property and has not been inserted to intimidate you.

A forfeiture clause should not be taken at face value. The right to forfeit is hedged round with restrictions protecting tenants whatever the type of property. In particular, a tenancy of residential property where the tenant is in occupation cannot be forfeited without an order of the court.

A forfeiture clause is not an unfair term. Without it a landlord of residential property could not legally take back possession in a case where a tenant in arrears had abandoned the property.

[MrShed]

I disagree entirely Aequitas...

[onlynameleft]

I agree entirely with Aequitas. The Housing Act 1988 actually makes specific reference to such clauses when it says that no section 8 notice can be used to determine an AST during the fixed term unless there is a provison for re entry.
Entirely standard in any well drafted agreement but subject of course to the restrictions on re entry governed by section 8/section 21.

[Aequitas]

See S.7 (6) of the Act, which says:

(6) The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless -
(a) the ground for possession is Ground 2 or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b) the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).

[Ed999]

Aequitas is perfectly correct in everything he has said.

The clause in question is a standard clause, written into every tenancy in the land. It is a bit of legal jargon, but it merely means that if you don't pay the rent on time the landlord can evict you.

The 1988 Housing Act provides that he must give you written notice before doing so, and must get a court order. In practice, this process takes about 2 months.

For more information, read this thread: http://www.consumeractiongroup.co.uk...-eviction.html


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