1. Remedies: rent
   1. Implied covenant to pay rent
   2. Express covenant also very likely
   3. Debt
      1. Can sue for debt
   4. Distress
      1. Landlord may levy distress
      2. Seizes tenant's goods found on demised premises
      3. Ancient self help remedy
      4. May conflict with human rights
      5. To be abolished
   5. Forfeiture
2. Remedies: other breaches
   1. Damages
      1. Hadley v Baxendale (1854)
         1. Arising naturally
         2. Or in contemplation by both parties
      2. Problem
         1. s18 Landlord and Tenant Act 1927
            1. Damages limited to fall in value of reversion
            2. Repairs may cost more than this
            3. Cannot recover at end of lease if will be pulled down
         2. If lease gives right to enter to make repairs
            1. Could repair and claim costs
            2. This is recovery of a debt not damages
   2. Specific performance
      1. Discretionary equitable remedy
      2. Only where damages inadequate
      3. Hill v Barclay (1810)
         1. General rule: not for positive obligations
         2. Case concerned tenants obligation to repair
      4. Jeune v Queens Cross Properties
         1. Granted specific performance
         2. Landlord's obligation to repair
      5. Rainbow Estates Ltd v Tokenhold Ltd
         1. Repairing covenent against tenant
         2. Granted specific performance
      6. s11 Landlord and Tenant Act 1985
         1. If applies
         2. Expressly provides that tenant may obtain specific performance against landlord
   3. Injunction
      1. Discretionary remedy
   4. Set off against rent
      1. Self help remedy for tenant
      2. Cannot just withold rend if landlord fails to fulfill obligations
      3. Taylor v Beal
         1. Must notify landlord that repairs needed
         2. And that will carry out if landlord fails to
         3. May deduct cost from future rent payments
   5. Forfeiture
3. Forfeiture
   1. Allows landlord to terminate fixed term lease early
   2. Also terminates any under-leases
   3. Where...
      1. Lease contains clause allowing landlord to re-enter property for breach
      2. OR lease granted subject to right to forfeit on some event
      3. OR tenant denies the landlord's title
   4. Landlord may waive the breach
      1. Must not accept or demand rent
      2. Unless is continuing breach
         1. eg repairs
   5. Non-payment of rent
      1. Formal demand
         1. Must attend at premises on final day before sunset
         2. Lease may dispense with need to make formal demand
         3. Not necessary if more than six months in arrears
            1. Common Law Procedure Act 1852
            2. County Courts Act 1984
      2. Peaceable re-entry
         1. Not if a dwelling house
            1. s2 Protection from Eviction Act 1977
      3. OR forfeiture proceedings
      4. Commonhold and Leasehold Reform Act 2002
         1. Lease of more than 21 years of a dwelling house
         2. Not liable to pay rent unless notice given between 30 and 60 days
            1. s166
         3. Cannot forfeit unless more than certain amount payable for more than prescribed period
            1. s167
      5. Relief from forfeit
         1. Forfeiture proceedings: High Court
            1. Pays all arears and costs into court before proceedings
            2. May apply for relief within 6 months of order for possession
         2. Forfeiture proceedings: County Court
            1. s138 County Courts Act 1984
            2. Pays all arears and costs five days before proceedings
            3. Court will order possession within period not less than four weeks
            4. Can avoid forfeiture if pays all arears and costs within this period
            5. Can apply for relief within 6 months
         3. Peaceable re-entry: High Court
            1. Equitable jurisdiction to relieve
            2. No specific time limits
            3. Six months as a guide
         4. Peaceable re-entry: County Court
            1. Six months time limit applies
            2. County Courts Act 1984
         5. Factors
            1. Only where equitable to do so
            2. Should not delay
            3. Will need to pay arrears and costs
   6. Other breaches
      1. Must contain forfeiture clause
      2. s146 Law of Property Act 1925
         1. Landlord must serve notice on tenant
         2. Must specify particular breach
         3. Require lessee to remedy if possible
         4. Or require compensation in money
      3. s168 Commonhold and Leasehold Reform Act 2000
         1. May not serve notice under s146 unless
            1. has applied to leasehold valuation tribunal
            2. OR tenant has admitted breach
            3. OR court or arbitral tribunal has determined breach
         2. Applies to long leases of dwelling house
      4. May forfeit by serving proceedings
         1. No further right to relief once court order obtained
      5. Or by peaceable re-entry
         1. May still apply for relief
            1. Billson v Residential Apartments Ltd [1992]
   7. Repairing breaches
      1. If lease more than 7 years and unexpired term more than 3 years
         1. Leasehold Property (Repairs) Act 1938
            1. Must serve notice under s146 LPA 1925
            2. Whether damages or forfeiture
            3. Must inform of right to serve counter notice within 28 days
            4. If serves, landlord must go to court
            5. Will need to show value of reversion substantially diminished
            6. Or repairs much more expensive if delay
      2. Damages
         1. s18 Landlord and Tenant Act 1927
         2. Capped at fall in value of reversion
      3. Or may use right to enter to repair
         1. Claim cost of repairs from tenant