Forfeiture

Forfeiture is a landlord’s right to bring a lease to an end as a result of a tenant’s breach. A landlord may only end the tenancy by forfeiture if there is an express provision contained in the lease, or breach by the tenant of an express or implied condition regardless of whether the lease contains an express forfeiture clause. If the breach is non-payment of rent, a landlord may forfeit the lease by peaceable re-entry of the premises. For some breach other than rent, the landlord must follow the prescribed statutory procedure.

We can help by:

  1. Providing effective advice about the nature of the breach and what rights a party has regarding remedying it.
  2. Strategic advice in the use of forfeiture as a procedure for recovering possession of premises and on the other side of the coin, frustrating the process to remedy any perceived breach.
  3. Service of a statutory notice to remedy a breach.
  4. Working with the client and surveyors to ensure any dilapidations are effectively dealt.
  5. Instructing and liaising with bailiffs to effect peaceable re-entry and providing effective legal opinion in undertaking this course of action.
  6. Issuing court proceedings or applications for relief from forfeiture.

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