Alternatively, we may apply on your behalf to the District Court to declare that the infringement has taken place, together with an injunction, in order to prevent the infringement from happening again. If you own a property in matters of succession, it is important to be aware of all the tenant`s obligations set out in the rental agreement and to ensure that you comply with them in order to avoid any infringement. If the court finds that you are violating the rental agreement, the court may order you to pay damages and legal fees and/or ask you to make amends for an infringement if possible. – the nature of the offence; – The specific conditions of the lease; – The owner`s business objectives with respect to the property. An expiry clause in a rental agreement allows the lessor to prematurely terminate the lease and recover ownership of the leased property due to the tenant`s infringement. This is the ultimate penalty for a landlord for the tenant`s offenses and, while harsh, is a standard clause in most rental agreements. Most importantly, there must be clauses in the lease agreement that allow a lessor to take action after violating the agreements. There are significant consequences for freeholders who try to take measures that are not covered by the terms of the rental agreement. The tenant can apply for a “forfeiture exemption” that reinstates his lease. This usually comes into effect when the tenant immediately corrects any violation and covers the freeholder`s legal fees. In the event of a breach of an agreement, a court may deem it appropriate to award damages to the lessor. This can be done in addition to or in place of a specified performance contract or publication ban.
Damages can be calculated on the basis of what the tenant would have had to pay to cancel the agreement, called “release costs”, or on the basis of the profits made by the tenant from his violation of the agreement. Corrective measures for the owner include self-help, also known as “Jervis v Harris-Klausel”. This particular repair is available if the tenant does not carry out repair work. The landlord can enter the property, carry out the repair work and recover the costs from the tenant. However, the owner must be careful not to go beyond the specific forfeiture related to the offense, as this can face an intrusion. Forfeiture terminates the lease and pays the property to the owner. Before the start of the expiry procedure, it is necessary to distinguish between offences that can be walked out or not. Breaches of obligations to repair, use or co-use ownership of the premises are generally not considered irremediable.
On the other hand, the breach of an agreement against the subletting or assignment of the lease or the illegal use of the premises is generally considered irremediable. The lessee shall be granted a reasonable period of time to remedy the infringement if he is able to remedy the situation after the notification referred to in Article 146. Each rental agreement contains several agreements (effective enforceable promises) from the tenants regarding how they will treat the property and will not treat….