Forfeiture
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Modifying the effect of the Forfeiture Act 1982
The High Court considered modification in the case of Morris v Morris and others
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Forfeiture: court looks to the substance of agreements when considering application for relief
The court will assess the factual position when considering whether a re-entry is unlawful…
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Q&A: Getting to the heart of forfeiture
Lauren Spark and Richard Clarke tackle queries about forfeiture of commercial leases
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Determination clauses, forfeiture and relief
Louise Clark on whether, if a determination clause is a forfeiture clause, relief is available
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Absent leaseholder fails to provide correspondence address
Non-resident or absentee leaseholders who do not provide a correspondence address other than…
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What is ‘reasonable promptitude’ when applying for relief from forfeiture?
Landlords seeking to forfeit commercial leases for rent arrears are not required to serve section…
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No forfeiture clause, no flexibility
Can a landlord terminate a flexible tenancy agreement for a fixed term of five years prior to the…
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Breaches of covenant, landlord’s knowledge and demands for or acceptance of rent
A landlord waives its right to forfeit a lease when, with full knowledge of the facts, it acts in a…
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Tribunal must make clear finding of extent of lessee’s responsibility for breach
FTT correctly found that flat had been used as brothel but should have made more particular findings
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A landlord had not waived its right to forfeit a lease
Landlord demanded the payment of insurance rent even though it sought to forfeit the tenant’s lease
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A landlord who had used CRAR had waived his right to forfeit a lease
Landlords lose their right to forfeit a tenant’s lease if they unequivocally confirm the existence…
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A section 146 notice was premature
A landlord who wishes to forfeit a lease must first establish that it has the right to do so…