Results for "relief from forfeiture"

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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…

Relief from forfeiture and head leases - a cautionary tale?

In this week’s Legal Update, we report on the case of Derwent Lodge Estates Ltd v Signature Living Hotel Ltd & 54 others [2025] 3 WLUK 402, which highlights the potential liabilities and perils for under-lessees where relief is sought following forfeiture of a head lease. Background The case…

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…

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…

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,…

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…

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…

FTT accepts £1.2m flat used as a brothel, but was the lessee in breach?

Some of you may have already read about the case of Marchiteli -v- 15 Westgate Terrace Limited (2020) UKUT 192 (LC) in the press. This is the case in which the First Tier Tribunal (FTT) found that the £1.2m flat owned by Ms Marchiteli (a solicitor) in Chelsea had been used as a brothel. Ms M…

To enforce or not to enforce? - That is a valid question

Well, here we all are, three months into lockdown and, with some clear relief, the slow release from isolation seems to be coming our way - and just in time for the summer too. What could be better? Given that lockdown started shortly before the March Quarter Day and we have just passed the June…

Forfeiture is real and the Court will grant it!

Forfeiture is probably the most powerful and important remedy available to a landlord. Despite that, we find for the large part that many landlords and agents we work with don’t think that forfeiture is attainable or a real option where a residential leaseholder has breached the terms of their…

My ground rent is bigger than yours!

For most of you, it will have been impossible to miss the changes introduced by The Leasehold Reform (Ground Rent) Act 2022 (“the Act”) back in February 2022, banning ground rents (or, more specifically, reducing ground rents to a peppercorn e.g. no monetary value) for “regulated leases”. The Act…

Interim demands and legal costs recovery

This week we focus on a Court of Appeal decision from November 2021 which deals with three points that will affect most landlords/RMCs or RTMs. The three points were as follows: Can interim demands be subject to time limits such that recovery is prevented until the end of the financial period if…