ABSTRACT

A landlord may bring a tenancy to an end by forfeiture where the lease contains a provision allowing this and there are grounds for exercising the right. A landlord’s right to forfeit is expressly preserved by s 24(2) of the 1954 Act. Once a landlord has forfeited, the tenant will lose all protection under the 1954 Act, unless forfeiture can be avoided by the tenant making a successful claim for relief. It should be noted, however, that the court can grant relief in respect of a 1954 Act protected tenancy, even after the contractual term has come to an end by effluxion of time and the tenancy is continuing under s 24 of the 1954 Act (Cadogan v Dimovic [1984] 2 All ER 168, CA). In addition, a tenant may apply to the court for the grant of a new tenancy up and until the landlord’s forfeiture action and any counterclaim for relief have been finally disposed of (Meadows v Clerical Medical and General Life Assurance Society [1980] 1 All ER 454).