Results for "lease forfeiture"

Get in touch today

Call 01435 897297
Email info@kdllaw.com

Options for Landlords to recover commercial service charges and rent

Increasingly residential developments now include a mixture of residential property in the form of houses and/or flats but also commercial units. Whilst KDL Law is well known for its expertise within the residential leasehold sector, we also advise clients in terms of their ability to recover…

Warning - The risks of not providing your landlord with your alternative address for service

When a leaseholder fails to pay their service charges in accordance with the lease, the landlord is entitled to forfeit the lease, subject to carrying out various steps before they are lawfully able to re-enter the property. Due to the number of legal hoops that a landlord must jump through before…

An overview of relief from forfeiture

Forfeiture is a means for a Landlord to terminate a lease, in the event of some default by the Leaseholder. The right must be conferred expressly: there must be a ‘forfeiture clause’ or a ‘proviso for re-entry’ ( see here our December 2018 Legal Update “Forfeiture is real and the Court will grant…

Relief from forfeiture refused

We have recently seen yet another example of forfeiture being a viable and successful remedy available to Landlords when necessary, so it is right to say that Landlords need not be fearful of this course of action where a leaseholder is in breach of the terms of their lease. Whilst action should be…

How to deal with unlawful subletting

When confronted with a case of actual or suspected subletting, it is imperative that the landlord or managing agent is fully aware of the following in order to establish that the subletting is in fact unlawful (that is to say, in breach of the terms of the lease) and therefore whether enforcement…

Enforcing Tribunal determinations under Section 27A as to payability and reasonableness of service charges

Why is there a topiary cat as the image for this article? Well the article relates to a dispute at Clarendon Court, Sidmouth Road, London NW2 and a quick Google Street View ‘drive by’ will answer that question. On though now with the important bit - the law relating to this important case. Last…

A leaseholder who is in breach of their lease makes a partial payment. Does delaying the return of that payment waive the landlord's right of forfeiture?

This Legal Update discusses the case of Tropical Zoo Ltd v Hounslow LBC [2024] EWHC 1240 (Ch) . The case relates to an appeal made by Tropical Zoo Limited, the tenant, that Hounslow LBC, the landlord, had waived their right to forfeiture as a result of acceptance, or at least a delay in returning,…

Injunctions - A Remedy for Breach of Covenant

For the most part, when dealing with breaches of leasehold covenants, the ultimate remedy that will be pursued if available to the landlord will be forfeiture of the lease. The draconian consequences of forfeiture mean that it is a most powerful remedy to force compliance by the defaulting…

Does seeking a CCJ waive the landlord’s right to forfeit a lease? The case of Clemente -v- Mindmere Ltd [2024]

This week’s Legal Update looks at a decision of the Upper Tribunal (“UT”) concerning whether seeking a monetary judgment for unpaid service charges amounts to a waiver of the landlord’s right of forfeiture. What is forfeiture? The ability to forfeit enables a landlord, in certain circumstances, to…

How not to deal with Nuisance!

Most leases and tenancy agreements contain covenants prohibiting leaseholders and tenants from causing a nuisance to neighbouring properties such as a noise disturbances. If a landlord is faced with mounting complaints in relation to a noisy leaseholder or tenant how should they proceed? The London…

Leasehold enforcement proceedings - “Can I claim my costs?”

Invariably, the first question we are asked by clients when instructed to enforce a breach of the terms of a lease - whether that be for a monetary breach (such as non-payment of rent or service charges) or a non-monetary breach (such as unlawful alterations or sub-letting etc) - is “ can we claim…

The Service Charge Recovery Procedure

Whilst most landlords, RMC and RTM Directors and professional managing agents will have the need to appoint lawyers to take action to enforce recovery of service charges at some point in time, the process itself leading to recovery of payment might be somewhat of a mystery to some. This Legal…