Leasehold Reform (Miscellaneous Provisions) (Sark) Law, 2019

(2) The provisions of this section are without prejudice to the rights of a landlord in respect of goods present in or upon the demised premises which are, by operation of law, subject to "tacite hypothèque" for the payment of any rent owing to the landlord.

(3) Where a tenant has breached a covenant of the lease, the landlord must, before taking any steps to enforce such right of re-entry or forfeiture, serve on the tenant a notice –

(4) Should a notice be served in accordance with subsection (3), and should the tenant fail, within such reasonable period, and in accordance with such reasonable conditions, as may be specified in the notice, to cease the conduct which constitutes the breach, to remedy the breach if it is capable of remedy, and to make reasonable compensation in money, to the satisfaction of the landlord, for the breach, the landlord may take steps in accordance with the terms of the lease to enforce such right of re-entry or forfeiture.

(5) Where a landlord is taking steps, by proceedings or otherwise, to enforce such a right of re-entry or forfeiture, the tenant may, in the landlord's proceedings, if any, or in any proceedings brought by the tenant, apply to the Court for relief, and the Court may grant or refuse relief, as the Court, having regard to the conduct of the parties under the provisions of this section, and to all the other circumstances of the case, thinks fit.

(6) Where the Court grants relief under subsection (5), it may do so on such terms, if any, as to costs, expenses, damages, compensation, penalty or otherwise, including the granting of an injunction to restrain any such breach in the future, as the Court, in all the circumstances of the case, thinks fit.

(7) Where a breach giving rise to a right of re-entry or forfeiture is waived by the landlord, at the request of the tenant, or where a tenant is relieved from such a breach under this section, the landlord is entitled to recover from the tenant as a civil debt all reasonable costs and expenses, including professional fees, properly incurred by the landlord in respect of that breach.

(8) Where a landlord is taking steps, by proceedings or otherwise, to enforce a right of re-entry or forfeiture under the terms of a lease, the Court may, on application by any person claiming as sub-tenant any interest in the property comprised in the lease or any part thereof, whether in the landlord's proceedings, if any, or in any proceedings brought by the sub-tenant, make an order under subsection (9).

(9) An order under this sub-section may grant to the sub-tenant a lease in respect of the property or part thereof in which the sub-tenant had an interest, for such term (not exceeding the term of the original sub-lease), and subject to such conditions as to execution of any document, payment of rent, costs, expenses, compensation, giving security or otherwise, as the Court in the circumstances of the case thinks fit.

(10) This section applies only to breaches of covenant –

(2) Where this subsection applies, such a covenant shall be construed and take effect as if the covenant is subject to the qualification –

(3) Where there is served on the landlord, or other person whose consent is required, a written application by the tenant for consent to the proposed transaction, the person served owes a duty to the tenant within a reasonable time –

(4) The duty in subsection (3)(a) is not satisfied by giving consent subject to a condition that is not a reasonable condition.

(5) For the purposes of this Part it is reasonable for a person not to give consent to a proposed transaction only in a case where, if the person withheld consent and the tenant completed the transaction, the tenant would be in breach of a covenant.

(6) It is for the person who owes any duty under subsection (3) –

(2) The reference in section 2(3) to the service of an application on a person who may consent to a proposed transaction includes a reference to the receipt by that person of an application or a copy of an application (whether it is for that person's consent or that of another).

(2) Where subsection (1) applies, such a covenant is to be construed and take effect as if the covenant is subject to the qualification that the approval of the landlord is not to be unreasonably withheld or delayed.

(3) Where there is served on the landlord a written application by the tenant for approval or a copy of a written application to the tenant by the sub-tenant for consent to a transaction to which the covenant relates the landlord owes a duty to the sub-tenant within a reasonable time –

(4) Giving approval subject to any condition that is not a reasonable condition does not satisfy the duty under subsection (3)(a) above.

(5) For the purposes of this section it is reasonable for the landlord not to give approval only in a case where, if the landlord withheld approval and the tenant gave consent, the tenant would be in breach of covenant.

(6) It is for a landlord who owes any duty under subsection (3) –

(2) Without prejudice to the generality of subsection (1), a tenant or a sub-tenant may apply to the Court for a declaration that a person who owes the tenant or sub-tenant, as the case may be, a duty under this Part, has unreasonably withheld or delayed a consent or approval, as the case may be, and where the Court makes such a declaration it may in addition make such orders as it thinks fit, including directing the person who owes the duty to take steps to comply with that duty, or ordering the payment of compensation to the tenant or sub-tenant, as the case may be, or both.