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Denial of landlord's title: a feudal relic?

Denial of landlord's title: a feudal relic?

Pawlowski, Mark ORCID: 0000-0002-5473-5809 (2012) Denial of landlord's title: a feudal relic? Landlord & Tenant Review, 16 (4). pp. 143-147. ISSN 1365-8018

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Abstract

Discusses whether the doctrine under which a tenant a tenant is deemed to have forfeited his lease if he denies his landlord's title to the demised premises, entitling the landlord to re-enter the property without recourse to his right of re-entry under the forfeiture clause in the lease, should be abandoned by reason of amounting to a feudal relic. Considers the the two forms a denial of title can take: (1) denial by matter of record, where the denial is made in the course of court proceedings; and (2) denial by act in pais, where the tenant seeks to establish a title for himself or a third part adverse to that of the landlord. Considers whether the Law of Property Act 1925 s.146 applies.

Item Type: Article
Uncontrolled Keywords: denial, foreiture, landlords' rights, repudiation, tenants, title to land
Subjects: K Law > K Law (General)
K Law > KD England and Wales
Pre-2014 Departments: School of Humanities & Social Sciences
School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:
Last Modified: 14 Oct 2016 09:21
URI: http://gala.gre.ac.uk/id/eprint/8702

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