When / Why forfeit?

The right to forfeit a residential lease can arise in a number of scenarios.
The most commonly encountered are;

1. Non-payment of ground rent.
2. Non-payment of service charge or other sums due under the lease.
3. Other material breaches of the lease such as an unauthorised alteration to the property or where a tenant’s actions constitute nuisance.

Forfeiture of a residential lease is a serious step and as such is subject to complex legislation and case law. It is imperative for the correct procedure to be followed before going to Court to obtain a successful outcome and avoid wasting time and money.

The right to forfeit a commercial lease can only arise if there is a clause expressly reserving the right to forfeit in the lease and where the tenant has breached an obligation under the lease. Alternatively, if there is no express right in the lease,the landlord may have an implied right to forfeit the lease but in limited circumstances which a solicitor can advise you on. When considering whether to forfeit a commercial lease, landlords should seek immediate legal advice to ensure they do not waive their right to forfeit.

Forfeiture of a commercial lease is subject to various statutory limitations which can commonly cause landlords to become unstuck when they do not obtain accurate legal advice to ensure the process runs smoothly.

At Simon Burn Solicitors we have experienced and qualified solicitors who can advise landlord and managing agents and ensure that you are in the best possible position to obtain an Order for forfeiture before launching proceedings at Court.