ABSTRACT
This Chapter examines the rules, once described as being a "legal minefield", which govern forfeiture by the landlord for breaches of tenants' covenants to repair. Even before the statutory restrictions on forfeiture were enacted, the common law had a crude instrument for restricting forfeitures. This is the doctrine of waiver. The tenant may apply for relief against forfeiture under statute either in the landlord's action, or in a separate action of his own. The effect of relief, if granted, is to reinstate the tenant as though no forfeiture had taken place. The statutory jurisdiction to grant relief, which cannot be contracted out of, is conferred by section 146(2) of the Law of Property Act 1925. Certain landlords' costs incurred in forfeiture proceedings are recoverable. The tenant may have covenanted expressly to carry out both external and internal decorative repairs at regular intervals.
