Forfeiture of leases – relief, procedure and practical issues

Forfeiture can provide landlords with an important remedy for breaches of lease, but exercising the right incorrectly can result in waiver and significant complications. Relief from forfeiture also raises its own procedural and tactical issues, particularly where rent arrears are involved.

This webinar takes a practical, litigation-focused look at forfeiture and relief across commercial and residential long leases. It will consider when a right to forfeit arises, the different methods of exercising it and how to avoid the waiver trap, before examining the statutory routes to relief, relevant time limits, the mechanics of paying arrears and costs into court and the terms a court is likely to impose. It will also cover the additional statutory requirements affecting residential long leases, together with the interests of mortgagees and sub-tenants and the tactical considerations for both landlords and tenants.

You will learn how to:

• Identify when a right to forfeit arises, and the difference between rent and non-rent breaches
• Advise on exercising forfeiture by peaceable re-entry or by court proceedings, and the risks of each
• Avoid waiver of the right to forfeit, including the treatment of continuing and once-and-for-all breaches
• Draft and serve a valid section 146 notice under the Law of Property Act 1925
• Explain how an application for relief works in practice, whether made within the landlord’s proceedings, after peaceable re-entry or after possession has been recovered, and the time limits for each route
• Navigate relief for rent arrears under the County Courts Act 1984 and in the High Court, including paying arrears and costs into court and the terms the court is likely to impose
• Work through the additional steps for residential long leases: rent demand notices, the minimum arrears threshold, prior determination of breach or service charges, and the bar on peaceable re-entry where someone is lawfully residing
• Advise mortgagees and sub-tenants on protecting their interests, including vesting orders under s.146(4)
• Advise landlord and tenant clients on tactics, timing, costs and settlement