Q&As

Are breaches of a commercial lease covenant to comply with planning Acts and obtain landlord’s consent prior to applying for planning permission once and for all or continuing for the purposes of forfeiture?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 04 May 2018
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Pursuant to most leases, a landlord will have the right to re-entry or forfeiture upon a breach of a tenant’s covenant. Even where the lease is silent as to forfeiture, it may be shown that a breach is so serious that it goes to the root of the contract between the parties, and the right to forfeit automatically arises.

Save for in certain cases including the nonpayment of rent, a landlord cannot enforce a right to forfeit for a breach of covenant unless and until it has served a section 146 notice pursuant to the Law of Property Act 1925. This must give the tenant a reasonable time in which to remedy the breach, if the breach is indeed capable of remedy.

A

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited


Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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United Kingdom

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