The right of a landlord to regain possession of the premises and terminate the lease under specific conditions is referred to as "forfeiture." The right is specified in a lease clause. Indeed, explicit reservation of the right to forfeit is required in the lease.
When is the concept of forfeiture applicable?
The ability to forfeit grants the landlord the right to reclaim their property subsequent to a tenant's breach, thereby effectuating the lease's termination. In accordance with the grounds for forfeiture, termination may occur either immediately or after a specified period of notice.
Prior to forfeiting a lease, a landlord must establish the grounds upon which they have the authority to do so. The most prevalent method for accomplishing this is by invoking a lease provision that grants the landlord the authority to forfeit under specific conditions.
Additionally, it is noteworthy to mention that a landlord may exercise a right to forfeit in specific circumstances, even in the absence of a designated clause in the lease. When a tenant violates a lease condition, the right to the remedy automatically arises.
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The assistance of a professional is crucial when confronted with forfeiture due to non-payment of rent or violation of the 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.