Forfeiture is a landlord’s right, in certain circumstances, to regain possession of the premises and bring the lease to an end. The right is set out in a clause of the lease. In fact, the right to forfeit must be expressly reserved in the lease.
What is forfeiture and when can it be used?
The ability to forfeit enables a landlord to re-enter their property following a breach by the tenant, and by doing so, terminate the lease. Depending upon the reason for forfeiture, termination can take place with immediate effect, or following a period of notice.
In order to be able to forfeit a lease, a landlord will firstly need to establish the basis of their right to do so. The most common way to do this is to rely on a specific clause in the lease which grants to the landlord the right to forfeit in certain circumstances.
It is also worth noting that, in certain situations, a landlord can exercise a right to forfeit in the absence of a specific clause in the lease. If the tenant has breached a condition of the lease then the right arises automatically.
Professional help is essential when dealing with forfeiture for non payment of rent or breach of tenants’ covenant. HS Legal Solicitors are fully aware that attention to detail is vital in these matters and one of our experienced team members will deal with your matter efficiently in order to secure a professional and timely outcome. For more details contact us on 01206500181.