Several procedural issues have arisen. In May 2019, HHJ Bailey conducted a separate review on a particular subject, namely “the correct way to determine a safe flexible lease for the fixed term (including, if and, if so, how forfeiture principles apply.” He turned the case over to the High Court. Second, a fixed-term lease, since it is possible to terminate a term limit determined by obtaining and executing a warrant of possession, must also assume that a fixed-term lease can be terminated if terminated by the lessor who issues a property order in accordance with S.84. It is quite artificial – and certainly not what is said in point 82 (1) (b) – that termination, contrary to the law, is done by a commobn method. If you die, your partner or an adult living permanently in your home can take over your lease. This is what we call the “lease succession.” In this case, the person who wishes to take over the lease must write to the housing office and we will process the application. In August 2017, the applicant issued notice and the recovery of the property, and then granted the property. The application was invoked for rent arrears and antisocial behaviour (Grund 1 and 2 von Schedule 2 zum Housing Act 1985). Since the lease is not within the scope of s82 (1) (b) HA 1985, it could not be determined by s82 (1A) by legal action. The lessor should wait until the end of the fixed term to determine the lease under s107D. Section 119 and Schedule 7 (points 2 to 17) of the Housing and Planning Act 2016.
The proposed amendments include: (a) a new Section 82 (A1) that will allow a lessor to terminate a flexible lease by obtaining “a) a court order for the property and (ii) the enforcement of the order”; and (b) a new section 82 (A2) which provides that “the lessor may, in accordance with subsection A1 (a), terminate a secure lease agreement, regardless of whether the lease has conditions in place for the lease to be terminated.” As part of the regulations, the Commission states that it has resolved thousands of incidents involving homeowners without further action, inspected more than 13,000 properties, provided more than 1,000 enforcement orders, issued 75 prohibition orders and imposed fines on more than 40 homeowners. “The attached notification is without prejudice to the (owner`s) argument that there is no need to end your rent by adding a condition of return or forfeiture. We appreciate that the first point of Section 2 suggests something different, but (the landlord) feels that these words are now obsolete in the 1987 communication, given the flexible rental system provided by the Localism Act 2011, which applies to your rent. The main issue was that (a) Croydon`s right to property was based on a disclosure based on reasons 1 and 2, Schedule 2 Housing Act 1985 (rent arrears and ASB were invoked) and (b) the lease did not contain a clear forfeiture clause (although Croydon argued that this was the case).