Questions & Answers

The Lease has a clause which provides for re-entry - why should I take this matter to Court?

Most leases reflect the previous common law position for landlord's physical re-entry. This right has been seriously curtailed by legislation and if a landlord forfeits a residential lease without a Court Order this is a criminal offence and the tenant could seek an injunction as well as compensation. As such, in most scenarios, we could obtain a Court Order on your behalf granting forfeiture and possession.

The tenant failed to make payment some time ago, can I still seek forfeiture?

You are still entitled to seek forfeiture however there is an argument that you may have “waived” your right to forfeit by not acting promptly or by acting in a way inconsistent with your intention to forfeit. It is always advisable to act quickly if the tenant is in material breach of the lease and you wish to forfeit the lease.

If this situation applies to you then please contact our team for an assessment and advice as to the merits of pursuing forfeiture.

If you are a commercial landlord, then you may also be able to clawback rental payments following the Commercial Rent Arrears Recovery (CRAR) procedure. Please contact one of our team who would be happy to consider your situation and advise you of the best option moving forward.

The tenant has a mortgage against the Leasehold. What is the mortgagee’s interest in all of this?

The tenant’s mortgagee has a security which they may wish to protect. You have a duty to bring the matter to the mortgagee’s attention. The mortgagee may wish to seek relief from forfeiture to protect its interest.

Whether an Application for Relief is made or not we would recommend that you speak to our team regarding the implications of the mortgage and the mortgagee’s interest.

My tenant has entered into an IVA or has been made bankrupt. What can I do?

If your tenant has entered into an IVA you will need leave from the Court to pursue forfeiture. If the tenant has been made bankrupt their leasehold interest will vest in their Trustee in Bankruptcy and the Trustee can deal with this in a variety of ways and your action could be stayed.

This is a complex legal situation. You need to seek legal advice if this happens and given Simon Burn Solicitors are also experts in the field of insolvency we are well placed to advise in property and insolvency scenarios.

I have a Possession Order from the Court but the tenant has not complied with the Order and/or vacated. What should I do?

We can instruct a Bailiff on your behalf to carry out the eviction of your tenant. We would consider whether police attendance would be necessary. There are issues in relation to whether or not a relief application has been made and we can assist you with this.

Are there other options to forfeiture?

Yes! Forfeiture is the ultimate sanction but you can take other steps instead such as issuing a County Court claim, making the tenant bankrupt, or applying for a charging order etc… The problem is that sometimes these alternative options do not secure a payment or remedy. We can provide advice on your alternative options to forfeiture.