A tenant is in arrears of rent under a commercial lease containing a forfeiture clause. How may the landlord forfeit for non-payment of rent?
Answer and explanation
Correct answer: A. By peaceable re-entry or court proceedings, without needing a section 146 notice
- Step 1: Non-payment of rent does not require a section 146 notice.
- Step 2: Section 146 notices are required for other breaches of covenant.
Answer
By peaceable re-entry or court proceedings, without needing a section 146 notice.
Why not the others: A section 146 notice is not needed for rent; the Supreme Court is not involved; peaceable re-entry on residential premises is a criminal offence.
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