![]() If the breach is not admitted, or the landlord rejects a proposal for compromise, the tenant may then apply for relief against forfeiture of the lease.įor the notice to be effective the Landlord generally must specify the following: If compensation is sought, that response may involve agreement to pay reasonable compensation. ![]() If the breach is capable of remedy, that response may be to admit the breach and propose a course of remediation. ![]() The true purpose of the notice is to give to the Tenant an opportunity to consider its position and give a response. Most commonly, a Default Notice is issued as a precursor to terminating the lease and re-entering possession of the property.Ī Landlord must comply with the requirements of section 146 of the Property Law Act before exercising a right of re-entry or forfeiture and termination of a lease. Section 146, in simple terms, provides that termination and re-entry rights cannot be enforced unless and until the Landlord has served on the Tenant a notice specifying the particular breach complained of and requiring the lessee to remedy the breach within a reasonable time, or if a time is not specified not less than 14 days. ![]() Some recent commercial property matters that we have been involved in highlight the value of sending formal default notices to commercial tenants.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |