The landlord's armoury when a tenant fails to pay rent or keep the premises in repair — from forfeiture to debt recovery and the remedies for disrepair.
A landlord choosing the wrong remedy, or exercising the right one carelessly, can lose it altogether. This chapter begins with forfeiture: when the right exists, how it is exercised, and the limits on peaceable re-entry, before turning to waiver and the crucial distinction between continuing and once-and-for-all breaches. It then separates forfeiture for rent arrears from forfeiture for other breaches, where a section 146 notice is required and relief may be granted to tenants, subtenants and mortgagees alike. Finally, it works through the routes to recovering money — CRAR, claims against former tenants and guarantors under section 17 notices and AGAs — and the remedies for disrepair, where statutory caps, the 1938 Act, self-help clauses and specific performance each play a part.
